ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00005113

Complaint(s):

Date of Adjudication Hearing: 09/08/2017

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 25 of the Equal Status Act, 2000, 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: 

The complaint refers to an allegation of discrimination on the ground of sexual orientation by a way of a refusal of service. The complaint was made by a mother on behalf of her teenage son. The complaint was made against a retail store in Dublin. The complaint referred to an incident which allegedly took place on the week commencing 13^th June 2016. The complaint was received by the WRC on 29^th August 2016. A hearing took place on 9^th August 2017 in Lansdowne House.

Preliminary Matter

At the hearing the representative for the party notified by the Workplace Relations Commission (WRC) submitted that the named respondent in the Complaint Form is not a legal entity. The fact that the notified party is not a legal entity was conveyed to the WRC on the 25^th October 2016 by way of letter from the solicitors for that party. This letter was copied to the complainant's representative by the WRC on 16^th November 2016.

The notified party's representative submitted that the complaint as made must fail, and that the complainant is now out of time / barred from beginning the case again, or requesting that the party notified be substituted as respondent. According to the representative the commencement for a discrimination case is 6 months and would have elapsed at some point in the seven day period following the 13^th of December. The representative referred to the Labour Court case of Sylvia Wach v Travelodge Management Limited [2016] 27 ELR 22.

The complainant's representative stated that she had contacted the shop at which the alleged incident had taken place and that this should be sufficient for the case to go ahead.

Decision:

Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.

The party named in the Complaint Form as the respondent is not a legal entity. The complainant was made aware of this in time to amend the complaint but did not do so.

As the wrong respondent was impleaded the complaint as made must fail.

Dated:   12^th Sept 2017

Workplace Relations Commission Adjudication Officer: Roger McGrath

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