ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00004218
Parties:
| Complainant | Respondent |
Parties | Roberto Alamazani | Brenda Mackin-Millar |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00005890-001 | 15/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00005891-001 | 15/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00009705-001 | 14/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00009711-001 | 14/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00009714-001 | 14/02/2017 |
Date of Adjudication Hearing: 18/12/2017
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant referred complaints of discrimination by the respondent on the gender, religion and race grounds under the Equal Status Act 2000. He was notified by letter dated 2nd of November 2017 that a hearing of the above complaints was taking place on Monday the 18th of December 2017 at 10:30am. He made a further complaint under the Act (CA-00014858) and this was listed for hearing on the same date by letter dated 28th of November 2017. The complainant said he did not received the letter dated 2nd of November 2017 and only received the letter dated the 28th of November. He requested that I hear only the complaint he had received notification off on the 28th of November. The respondent attended the hearing and confirmed that she had received notification of the hearing by letter dated the 2nd of November 2017 and a further letter dated the 28th of November listing another complaint for hearing. She requested that all of the complaints be heard together as notified. |
Summary of Complainant’s Case:
The complainant attended the hearing and requested that I hear only the complaint notified to him on the 28th of November. He said that the other complaints were listed for hearing in August and were adjourned at the request of the respondent and this inconvenienced him. He said that he was not ready to provide evidence in relation to these five complaints and only intended offering evidence in relation to one case. He left the hearing without providing any evidence. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was available to provide evidence in relation to all the complaints. |
Findings and Conclusions:
On the basis that the complainant left the hearing and did not offer any evidence, I was unable to proceed to hearing evidence in relation these complaints. |
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.
The complainant left the Adjudication hearing without offering any evidence. Therefore, he failed to pursue his complaints. I find on that basis, the complainant has failed to establish a prima facie case and his complaints fail. |
Dated: 2nd February 2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Equal Status, No evidence presented, failure to establish a prima facie case. |