ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006879

Parties:

Complaint:

Date of Adjudication Hearing: 20/11/2017

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

The Complainant referred the aforesaid complaint under Section 21 of the Equal Status Act 2000 (also referred to as ‘the Act’), against the Respondent to the Workplace Relations Commission (hereinafter ‘WRC’) on 12th October 2016. Pursuant to Section 25 of the Act, the Director General referred this complaint to me for adjudication. There was no attendance on behalf of either Party on the scheduled hearing date of 20th November 2017. I satisfied myself that letters dated 16th October 2017 had issued to both Parties at the correct addresses, confirming the venue, date and time of the hearing, and were not returned undelivered. The scheduled hearing time was originally 12.30pm but was moved to 2.30pm for operational reasons. Letters dated 16th November 2017 were issued to the Parties confirming the change of time at the same venue on the same date.

I was in attendance at the WRC at both scheduled times, and confirmed that neither Party or any representatives on their behalf had signed in at reception. I noted that the Complainant had telephoned the WRC on the morning of the hearing seeking a postponement as he was due to attend the High Court at 11am. He was informed that the hearing was going ahead at the later time of 2.30pm. He had previously obtained an adjournment of this matter for a prior hearing date of 9th October 2017, as he had also been due to attend the High Court on that date. Although a vouched adjournment request was received in relation to the earlier date and was granted, no such request was received in relation to this hearing date. I further note that the Respondent did not engage with the WRC at any stage, including indicating any difficulty attending or seeking an adjournment.

Summary of Complainant’s Case:

Based upon the complaint form, this appears to be a complaint of discriminatory advertising of rental property by a landlord. However, there was no attendance by or on behalf of the Complainant at the WRC on the hearing date of 20th November 2017 as scheduled, to elaborate on the nature of the complaint. I note that the WRC had issued a letter dated 8th November 2016 notifying the Complainant that the complaint and the required notification to the Respondent were outside the requisite statutory time limits, and affording him an opportunity to make a submission in support of an application to extend time to the Adjudicating Officer assigned. He made a submission in this respect by email on 22nd December 2016 citing medical issues, accompanied with vouching documentation. Other than his claim form and this submission, no further details or documentation in support of his complaint were furnished to the WRC and no evidence was proffered on his behalf.

Summary of Respondent’s Case:

The Respondent did not engage with the WRC in writing or otherwise at any stage of the process, with no attendance on its behalf at the hearing date of 20th November 2017 as detailed aforesaid.

Decision:

Section 25(4) of the Equal Status Act 2000 requires that I make a decision in relation to this complaint in accordance with the relevant redress provisions. I am satisfied that letters dated 16th October 2017 and 16th November 2017 issued to the Complainant at the address provided confirming the venue, date and time/s of the hearing. If he had a difficulty attending both the WRC and the High Court on the same date as indicated during his telephone call to the WRC on the morning of this hearing, I would have expected him to have reasonably made a vouched application for an adjournment in advance as he had done previously. I further note that he had already been granted an adjournment, and the later hearing time should have reasonably accommodated any difficulty attending at both venues. I therefore find his non-attendance at this hearing to pursue his complaint (including any application to extend time for the complaint and the required notification to the Respondent) unreasonable in all the circumstances. Accordingly, this complaint including any application for an extension of time to pursue same, fails for lack of evidence and is dismissed.

Dated:   23rd February 2018

Workplace Relations Commission Adjudication Officer: Aideen Collard