ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005784
Parties:
| Complainant | Respondent |
Parties | An account manager | A label printing company |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00007913-001 | 01/11/2016 |
Date of Adjudication Hearing: 25/10/2017
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
On October 31st 2016, the complainant submitted two complaints to the WRC, one under the Employment Equality Act 1998, that she had been dismissed on the grounds of her pregnancy, and the second under the Unfair Dismissals Act 1977, based on the same grounds. On November 16th 2016, the respondent sent a submission to the WRC, responding to the complainant’s claims. On November 29th, the complainant’s representative withdrew the complaint under the Unfair Dismissals Act. A hearing was scheduled for May 12th 2017; however, the complainant’s representative successfully applied for an adjournment and a second date was set for August 22nd. On July 18th, the respondent requested a postponement and this was also granted. The hearing was re-scheduled for October 25th. No submission was received from the complainant and neither she nor her representative attended on that date. On behalf of the respondent, the managing director attended the Workplace Relations Commission for the hearing. |
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
I find that the complainant’s failure to attend the hearing scheduled for October 25th 2017 was unreasonable in the circumstances and any obligation under section 82 of the Employment Equality Act has ceased. As no evidence was given at the hearing in support of the allegation of discrimination, I conclude the investigation and find against the complainant. |
Dated: 20/11/17
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Failure to attend the hearing |