ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007842

Parties:

Complaint:

Date of Adjudication Hearing: 08/06/2018

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

The Complainant referred the aforesaid complaint under Section 21 of the Equal Status Act 2000 (also referred to as ‘the Act’), against the Respondent to the Workplace Relations Commission (hereinafter ‘WRC’) on 16th February 2017. Pursuant to Section 25 of the Act, the Director General referred this complaint to me for adjudication. There was no attendance on behalf of either Party on the scheduled hearing in Lansdowne House on 8th June 2018 at 12.30pm. I satisfied myself that letters dated 8th May 2018 had issued to both Parties at the correct addresses, giving notification of the venue, date and time of the hearing, and were not returned undelivered. I also confirmed that neither Party or any representatives on their behalf had signed in at reception or had gone to the hearing room. I noted that the Complainant had emailed the WRC on 22nd May 2018, stating that he would not be able to attend the scheduled hearing due to ill-health and enclosing a medical certificate valid from 14th May 2018 until 18th May 2018. The WRC emailed the Complainant back on the same date stating: “I note that the medical certificate you provided relates to the period 14/05/18 to 18/05/18, inclusive. In order for Adjudication Services to be in a position to consider your application for postponement favourably, we would require medical certificates covering the dates of the hearing.” I further note that the letters giving notification of the hearing date to the Parties stated as follows: “It should be noted that a postponement of the hearing will only be granted in exceptional circumstances and for substantial reasons. Applications for postponements should be made in writing to the Commission’s Adjudication Services at the earliest possible date (by email to pru@workplacerelations.ie will suffice) setting out the full reasons for the application and must be accompanied by the relevant supporting documentation.” Before issuing the decision herein, I confirmed with the administrative section of the WRC, that no medical certificates or other relevant supporting documentation covering the hearing date had been received from the Complainant.

Summary of Complainant’s Case:

Based upon the complaint form, this appears to be a complaint of discrimination on the housing assistance ground against a landlord contrary to Sections 3 and 6 of the Equal Status Act 2000 (as amended). The Complainant contended that the Respondent had refused to rent a property to him on 26th July 2016 because he is in receipt of Rent Allowance. He sent a notification under Section 21 of the Act to the Respondent on 23rd September 2016 within the requisite two-month period but the complaint was referred to the WRC on 16th February 2017, outside of the requisite six-month period. The WRC issued a letter dated 2nd March 2017 notifying the Complainant that this complaint was outside the requisite statutory time limit, and affording him an opportunity to make a submission in support of an application to extend time to the Adjudicating Officer assigned. He made a submission in this respect by email on 11th March 2017 citing medical issues, accompanied with limited vouching documentation. The WRC replied by letter dated 3rd April 2017 acknowledging receipt of same and confirming that the administrative section of the WRC had not taken any decision in relation to time limits under the Act and this was a matter for the Adjudication Officer assigned. By email dated 5th May 2017, the Complainant appeared to take issue with this communication. In any event, there was no attendance by or on behalf of the Complainant at the WRC on the scheduled hearing date of 8th June 2018, to pursue his complaint including any application for an extension of time. Other than his claim form and this submission, no further details or documentation in support of his complaint were furnished to the WRC and no evidence was proffered on his behalf at the scheduled hearing.

Summary of Respondent’s Case:

The Respondent did not engage with the WRC in writing or otherwise at any stage of the process, with no attendance on his behalf at the hearing date of 8th June 2018 as detailed aforesaid. In this respect, it is noted that when the Complainant was notified by the WRC that its letter communicating his complaint and complaint form were returned undelivered, the Complainant provided an alternative address for the Respondent. The WRC duly sent the notification of hearing date to the alternative address and there is no record of same being returned undelivered.

Decision:

Section 25(4) of the Equal Status Act 2000 requires that I make a decision in relation to this complaint in accordance with the relevant redress provisions. I am satisfied that a letter dated 8th May 2018 issued to the Complainant at the address provided confirming the venue, date and time of the hearing in Lansdowne House on 8th June 2018 at 12.30pm. If he had a difficulty attending as indicated in his email of 22nd May 2018, I would have expected him to have reasonably provided a medical certificate or other relevant supporting documentation covering the hearing date. I therefore find his non-attendance at this hearing to pursue his complaint including any application to extend time unreasonable in all the circumstances. Accordingly, this complaint including any application for an extension of time to pursue same, fails for lack of evidence and is dismissed.

Dated: 12th July, 2018  

Workplace Relations Commission Adjudication Officer: Aideen Collard