ADJUDICATION OFFICER DECISISION
Adjudication Reference: ADJ-00006799
Parties:
| Complainant | Respondent |
Parties | A Complainant | A Respondent |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00009223-001 | 22/01/2017 |
Date of Adjudication Hearing: 25/07/2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Procedure:
In accordance with 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:
The Complainant submitted a complaint of Discrimination on Religious Grounds and Discriminatory Dismissal on 21 January, 2017. The Respondent denied the claim. |
Summary of Complainant’s Case:
The Complainant submitted some background details on his initial complaint form dated 22 January, 2017. He submitted that he was employed from 14 October, 2016 to 14 December, 2016 on a Community Employment Scheme with the Respondent on 19.5 hrs per week. He made a complaint that he had been discriminated on Religious grounds and Discriminatorily dismissed on 14 December, 2016. No further submissions were advanced in his case. |
Summary of Respondent’s Case:
The Respondent strenuously denied the allegation of discrimination and discriminatory dismissal The Respondent made an extensive written submission in the case. The Respondent submitted that the complainant came to work on a CE Scheme, which was subject to a Probationary period, where either party could decide to terminate employment in the event that it proved unsuitable without reason. The Respondent submitted that the Complainant had failed his probationary period and his employment was terminated accordingly. The Respondent contended that the Complainant had failed to discharge the evidential burden required to satisfy the requirements oft he Act and in those circumstances, the claim could not succeed. |
Findings and Conclusions:
I am obliged to conduct an Investigation into this complaint. I commenced this Investigation on July 4, 2017. I received the Respondent submission on 18 July and this was copied to the complainant on 21 July, 2017. There was no further commentary from the complainant and no attendance on the day of hearing. I have now concluded my investigation . |
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 am satisfied that the Complainant was on proper notice of the hearing and of the Respondent submission. I allowed a 15 minute delay before commencing the hearing, to allow for any eventualities. I also contacted the WRC to ascertain whether the complainant had advised of a delay? There had been no contact from the Complainant. I also allowed a period of seven days post hearing before concluding my investigation. I find that the complainant has failed to attend to advance his case. Therefore, he has not satisfied the burden of proof and I must find that the complaint falls for want of prosecution.
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Dated: 21/8/17
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Discrimination on Religious Grounds and Discriminatory Dismissal |