ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007336
Parties:
| Complainant | Respondent |
Parties | A Chef | An Employer |
Representatives | None | D. Gaffney, Solicitor |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00009466-009 | 01/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00009466-010 | 01/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00009466-011 | 01/02/2017 |
Date of Adjudication Hearing: 21/07/2017
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Ca-00009466-009
Ca-000-94666-010
Terms of Employment (Information) Act 1994
Findings
The Claimant did not attend.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaints fall for want of prosecution
CA-00009466-011
Section 77 of the Employment Equality Act, 1998
BACKGROUND
The complainant referred a complaint under the Employment Equality Acts, 1998-2007 to the Workplace Relations Commission on 1st February 2017 alleging that the respondent hade Employment Equality Acts, 1998-2007 and contrary to section 8 of those Acts, (ii) harassed him on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998-2007 and contrary to section 14A of those Acts and contrary to section 77 of those Acts and (iv) victimised him in terms of section 74(2) of the Employment Equality Acts, 1998- 2007. In accordance with her powers under the Acts the Director delegated the complaint to the undersigned – Jim O Connell, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 22 October, 2009, the date the complaint was delegated to me.
The parties were notified the in writing on 15th June 2017 that a Hearing on the complaint would take place at the Radisson Hotel on 21 July, 2017 commencing at 10:00am. The complainant did not attend the Hearing
DECISION
Section 79(1) of the Employment Equality Acts, 1998-2008 requires me, as part of my investigation, to hold a Hearing. In the circumstances I find that the complainant's failure to attend the Hearing is unreasonable and that any obligation under section 79(1) has ceased. As no evidence was presented by the complainant in support of his complaint I conclude the investigation and find against the complainant.
Dated: 15th September 2017
Workplace Relations Commission Adjudication Officer: Jim O'Connell