ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00010156

Parties:

	Complainant	Respondent
Anonymised Parties	Complainant	Respondnent

Representatives

Did not attend

Des Ryan BL instructed by Bernard Martin Eversheds

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-00013067-001	10/08/2017

Date of Adjudication Hearing: 05/01/2018

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

The hearing of this matter was arranged to take place on Friday 5th January 2018 at 9.00am in the offices of the Workplace Relations Commission (WRC), Lansdowne House, Lansdowne Road, Dublin 4. The Respondent attended as scheduled. The Complainant did not attend the hearing.

Efforts were made with WRC staff to establish if the Complainant had contacted the WRC with any explanation regarding his non-attendance. These efforts were unsuccessful. I asked the representatives of the Respondent to wait in case the Complainant was running late. We waited until 9.45am.

In accordance with Section 25 of the Equal Status Act, 2000, following the referral of the complaint(s)to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The Complainant is alleging that the Respondent discriminated against him and victimised him on the grounds of Gender and Race.

Summary of Complainant’s Case:

The Complainant failed to attend the hearing and failed to make any contact with the WRC.

Summary of Respondent’s Case:

The Respondent attended the hearing and was in a position to make a defence against all allegations.

Findings and Conclusions:

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.

As the Complainant did not attend the hearing and failed to make any contact with the WRC regarding his non-attendance the complaint is dismissed for lack of prosecution.

Dated: 14th February 2018

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Did not attend, Lack of prosecution.