ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015655
Parties:
| Complainant | Respondent |
Parties | Roberto Alamazani | A Garda |
Representatives | None | Andrew Whelan, BL instructed by the Chief State Solicitor’s Office |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00020351-001 | 05/07/2018 |
Date of Adjudication Hearing: 07/12/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 5th July 2018, the complainant referred a complaint pursuant to the Equal Status Act. The complaint was scheduled for adjudication on the 7th December 2018. The respondent attended the adjudication hearing at the appointed time and was represented by Andrew Whelan, BL instructed by the Chief State Solicitor’s Office.
At the time the hearing was scheduled to commence, it became apparent that there was no attendance by or on behalf of the complainant. I verified that the complainant was on notice of time, date and venue of the hearing. I waited some time to accommodate his late arrival. Having taken these steps, I proceeded with the hearing in the absence of the complainant.
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.
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing to provide evidence of a prima facie case of a breach of the Equal Status Act. |
Summary of Respondent’s Case:
The respondent attended the adjudication to meet the claim. |
Findings and Conclusions:
I find that the complainant has not established a prima facie case of a contravention of the Equal Status Acts. |
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.
CA-00020351-001 I find that the complainant’s failure to attend the adjudication of this complaint was unreasonable in the circumstances and that any obligation under Section 25 of the Equal Status Acts has ceased. As no evidence was given at the hearing in support of the allegations of a contravention of the Equal Status Act, I conclude the investigation and find against the complainant. |
Dated: 13th December, 2018.
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Equal Status Act |