ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00006880

Complaint(s):

ActComplaint/Dispute Reference No.   CA-00007579-001

Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 CA-00007579-001 12/10/2016  

Date of Adjudication Hearing: 25/10/2017

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance 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 25th October 2017. The Complainant did not attend the hearing. However, he contacted the WRC stating that he was unwell and could not attend the hearing. The Complainant was requested to provide a medical certificate for the day, but no medical certificate has been forthcoming. The Respondent did attend the hearing.

Summary of Complainant’s Case:

Summary of Respondent’s Case:

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.   The Complainant did not attend the hearing 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 the hearing and the complaint fails for lack of prosecution.

 Dated:   25.01.2018

Workplace Relations Commission Adjudication Officer: Roger McGrath

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