ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00004807
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chief | A Hotel |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00006858-002 | 07/09/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00006858-001 | 07/09/2016 |
Date of Adjudication Hearing: 04/07/2018
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 – 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
A first hearing of this case was held on 22nd September 2017. This first hearing was adjourned. A second hearing of this case was held on 4th July 2018. The Complainant did not attend the second hearing, the Respondent did attend the second hearing. No explanation was received from the Complainant to explain his absence from the second hearing.
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CA-00006858-001 Complaint under the Employment Equality Act, 1998
Summary of Complainant’s Case:
The Complainant submitted that he was treated less favourably and dismissed by reason of his gender. |
Summary of Respondent’s Case:
The Respondent denied the allegations. |
Findings and Conclusions:
I am satisfied that the Complainant was properly notified of the arrangements for the second hearing, which he did not attend. No explanation for his absence was subsequently provided. |
Decision:
Section 79 of The Employment Equality Acts requires that I investigate the complaints under these Acts. In the unexplained absence of the Complainant I am satisfied that my obligation is discharged. The Complainant provided no facts to establish a prima facie case and consequently his claim cannot succeed.
CA-00006858-002 Complaint made under Section 28 of the Safety, Health & Welfare at Work Act, 2005
Summary of Complainant’s Case:
The Complainant submitted that he was dismissed for refusing to accept an ex-gratia payment following a work place accident.
Summary of Respondent’s Case:
The Respondent denied the allegation.
Findings and Conclusions:
I am satisfied that the Complainant was properly notified of the arrangements for the second hearing, which he did not attend. No explanation for his absence was subsequently provided.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that ACT. In the unexplained absence of the Complainant the complaint fails for want of prosecution. |
Dated: 27/07/18
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Unexplained absence, gender discrimination, work place accident |