ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00004786
Parties:
| Complainant | Respondent |
Anonymised Parties | {text Not present | {text} |
Representatives |
| David Gaffney Gaffney Solicitors |
Complaint(s):
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-00006781-001 | 03/09/2016 |
Date of Adjudication Hearing: 20/12/2017
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, 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).
The complainant referred a complaint under the Employment Equality Acts, 1998 -2015 to the Equality Tribunal on 3rd September 2016 alleging that the respondent had been bullied and harassed by her in circumstances amounting to discrimination on grounds of gender in terms of section 6(2) of the Employment Equality Acts, 1998-2015 and contrary to section 8 of those Acts. In accordance with her powers under the Employment Equality Acts, 1998-2008 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 13th March 2017, the date the complaint was delegated to me.
Findings
The complaints were listed for the 13th March’2017 and the 11th September 2017 they were adjourned on both occasions for stated reasons.
The case was listed on the 20th December2017 the claimant did not show and the service has received no communication from her as to the reason for the not turning up at the hearing.
DECISION
In accordance with section 79(6) 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.
Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the complainant received notification of the Hearing arrangements and chose not to attend. I, therefore, find that the complainant's unexplained failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased.
As no evidence was presented at the Hearing in support of the allegation of discrimination I conclude the investigation and find against the complainant.
Decision:
Dated: 27th April 2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
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