ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007461
Parties:
| Complainant | Respondent |
Anonymised Parties | A Disabled Complainant | A Broadcaster |
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-00010092-001 | 2/Feb/2017 |
Date of Adjudication Hearing: 29/May/2018
Workplace Relations Commission Adjudication Officer: Stephen Bonnlander
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 complainant referred his complaint, which related to the subtitling of a particular television programme, on 2 February 2017. Following submissions from both parties and numerous correspondence, the matter was originally scheduled to be heard on 30 April 2018. However, a postponement was granted to the complainant on foot of a medical certificate which had 30 April 2018 as its last day. The matter was then rescheduled to be heard on 29 May 2018, and delegated to me by the Director General for that purpose on 3 May 2018. The complainant engaged in correspondence in which he asserted that he was still not well enough to travel to Dublin, but he did not submit a fresh medical certificate in line with Commission policy. Given that he was aware of this policy and had complied with it before, his request was not entertained. On 28 May 2018, the complainant was contacted by email to enquire about his possible need for a sign language interpreter to ensure he could follow proceedings. In response, he emailed the case officer to say: “You don’t understand. I AM NOT ATTENDING TOMORROW.” This email, which was received at 11:01 on 28 May 2018, was copied to the respondent, who were requested to attend the hearing regardless. At the date and time of the scheduled hearing, the respondent was in attendance but the complainant was not. |
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.
In the light of the foregoing, and in accordance with Section 25(4) of the Equal Status Acts 2000 to 2015, I issue the following decision: As part of my investigation under Section 25 of the Act, I am obliged to hold a hearing into the matter. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, harassment and victimisation I conclude the investigation of this complaint and find against the complainant. |
Dated: 16th August 2018
Workplace Relations Commission Adjudication Officer: Stephen Bonnlander
Key Words:
Equal Status Acts – no show – no prima facie case. |