ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006240
Parties:
| Complainant | Respondent |
Anonymised Parties |
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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-00008142-001 | 11/11/2016 |
Date of Adjudication Hearing: 08/11/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
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.
Background:
A hearing for this case was scheduled to take place on 11th May 2017. The Complainant did not attend the hearing. However, he contacted the WRC on the morning of the 11th May stating that he was unwell and could not attend the hearing. A medical certificate, for the day in question, was subsequently received from the Complainant. In the circumstances I decided to relist the case for another hearing. A second hearing was set for 8th November 2017. Again the Complainant failed to attend the hearing and subsequently contacted the WRC to say he had been unwell. The Complainant was requested to provide a medical certificate for the day, but no medical certificate has been forthcoming. The Respondent attended on both days.
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Summary of Complainant’s Case:
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Summary of Respondent’s Case:
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Findings and Conclusions:
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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 did not attend two hearings convened to hear direct evidence in support of his claim. The Employment Appeals Tribunal in Case No. UD1112/08 Kozlowski v Multi Roofings Systems Ltd. found: "The legal requirements place an onus on a Claimant to prosecute his case and to be present for the hearing." The Complainant in this instant case did not attend either of the hearings referred to above and the complaint fails for want of prosecution.
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Dated: 30.1.18
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
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