ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007894

Parties:

Complaint(s):

Date of Adjudication Hearing: 25/10/2017

Workplace Relations Commission Adjudication Officer: Shay Henry

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and section 81(e) of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004following 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. As the complaint appeared to relate to equal status issues under the religion grounds I also investigated it under Section 21 Equal Status Act, 2000 .

Attendance at Hearing:

There was no appearance by or representation on behalf of the claimant. I am satisfied that the claimant was on notice of the hearing having been informed of the date and venue by letter dated 8 September 2017. The respondent attended on the day.

Decision:

While the complaint was made under section 81(e) of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 as the content was appropriate to equal status I have considered it under Section 21 Equal Status Act, 2000.

As part of my investigation, under Section 25 of the Equal Status Act, I am obliged to hold a hearing.     I am satisfied that the complainant was notified of the hearing arrangements. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination,   I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.

In light of the foregoing, I issue the following decision. I have investigated the above complaint and make the following decision.   I find that

1. The complainant has failed to establish a prima facie case of discrimination on grounds of religions in relation to this matter.
2. The complainants claim under section 81(e) of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 are dismissed for want of prosecution

Dated:   25th January 2018

Workplace Relations Commission Adjudication Officer: Shay Henry

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