ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014206
Parties:
| Complainant | Respondent |
Parties | Liviu Bozdog | Valeo Foods |
| Complainant | Respondent |
Anonymised Parties | Factory Operative | Food Company |
Representatives | DID NOT ATTEND | Judy McNamara IBEC, Jennifer O’Donoghue, Mane Maddock, Lorraine Walsh Ibec, |
Complaint:
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-00018371-001 | 08/04/2018 |
Date of Adjudication Hearing: 31/07/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, 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 commenced employment as a Factory Operative on 11th May 2015. He was paid €444.02 per week. He has claimed that he was penalised and victimized for taking an action in accordance with Sec 74 of the Employment Equality Act. The Complainant did not attend the hearing. He later sent an email advising that he was unable to attend. This was received by the Case Officer on 2nd August 2018. The Adjudication Officer requested that in order to consider an adjournment he was to give reasons and evidence of his non availability. This was requested on 2nd August. The Complainant was not responded to date, 27th August. |
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Findings and Conclusions:
I find that the Complainant did not attend the hearing. An e-mail was sent to the Commission on the day of the hearing but not received by the Adjudication Officer prior to the hearing. The mail stated “Please be advised that I cannot attend the hearing today due to personal issues that cannot be postponed. I will kindly ask you to reschedule the hearing to a later date”. I note that no specific reason was given for his unavailability. The Complainant was requested to supply information/reasons why he was unable to attend so that the Adjudication Officer could reasonably consider an adjournment. To date, August 27th, no communication has been received from the Complainant. Therefore, I must find that no complaint has been prosecuted. |
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.
I have decided that as no complaint has been prosecuted this claim fails.
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Dated: August 29th 2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Fails for want of prosecution |