ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007376
Parties:
| Complainant | Respondent |
Parties | Employee | Supermarket |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00009800-001 | 20/02/2017 |
Date of Adjudication Hearing: 25/08/2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 Complainant was employed by the Respondent. His complaint is that he was discriminated against and victimised on the grounds of family status. |
Summary of Complainant’s Case:
The Complainant was employed by the Respondent from November 2011 to February 2017. He submitted a statement of his regarding his treatment at work from October 2016 to February 2017. Before he had an opportunity to go through his statement, it was drawn to his attention, and he accepted that he had submitted his complaint under the wrong legislation. |
Summary of Respondent’s Case:
On behalf of the Respondent, it was submitted that there is no jurisdiction to hear this complaint as the Complainant was an employee of the Respondent. It is argued that the Equal Status Act 2000 provides protection of service users against discriminatory behaviour. It is further submitted that the Complainant submitted his complaint against the wrong legal entity. |
Decision:
The Equal Status Act 2000 prohibits discrimination by service providers in the provision of goods and services. The Complainant in this case was employed by the Respondent and his complaint does not relate to his treatment by the Respondent in its role as a provider of goods and services. The complaint therefore is misconceived under the wrong legislation and I decline jurisdiction.
Dated: 12/09/2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham