ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014032
Parties:
| Complainant | Respondent |
Parties | Mukesh Gandhi | Health Service Executive |
| Complainant | Respondent |
Anonymised Parties | Not Applicable | Not Applicable |
Representatives | The Complainant did not attend and was not represented at the Hearing | The Respondent did not attend and was not represented at the Hearing |
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-00018406-001 | 10/04/2018 |
Date of Adjudication Hearing: 17/07/2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 – 2015following 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 claims that he was subjected to discrimination by the Respondent on the grounds of his race and in relation to his conditions of employment contrary to Section 8 of the Employment Equality Acts. The Complainant claims that he was subjected to discrimination on the ground of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998 to 2015 in terms of a failure to provide reasonable accommodation. The Complainant claims that he was subjected to victimisation by the Respondent contrary to Section 74(2) of the Employment Equality Acts. The Complainant claims that he was subjected to harassment contrary to Section 14A of the Employment Equality Acts. |
Summary of Complainant’s Case:
The Complainant failed to attend the hearing to provide evidence in support of his complaint. |
Summary of Respondent’s Case:
The Respondent failed to attend the hearing. |
Findings and Conclusions:
This complaint was due to be heard on 17 July, 2018 at 10:00 am. Neither the Complainant nor the Respondent were in attendance at the hearing. I am satisfied that the Complainant was on notice of the date and time of the hearing of the complaint. I waited 30 minutes in the event that the Complainant had been delayed before commencing the hearing. However, the Complainant failed to attend. As the Complainant has failed to attend the hearing, I confirmed that a letter had issued notifying him of the date, time and location of the hearing. I find that the Complainant’s non-attendance without any explanation to be unreasonable in the circumstances. |
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.
As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I find that the Complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination I conclude the investigation and find against the Complainant. |
Dated: 9th August 2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Employment Equality Acts 1998 - 2015 - Discriminatory Treatment – Race and Disability grounds – Conditions of Employment - Victimisation – Harassment - Failure to Attend – Unreasonable – Complaint fails for want of prosecution |