ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011148
| Complainant | Respondent |
Anonymised Parties | Potential Tenant | Estate Agent |
Representatives | None | Solicitors |
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-00014856-001 | 08/10/2017 |
Date of Adjudication Hearing: 14/06/2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
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:
The Complainant submitted a Medical Certificate to the WRC dated 18th May 2018 stating the Complainant “is unable to attend work from 14th May 2018 – 18th May 2018”. The Complainant advised by email that he would not attend the hearing due to ill health. The Complainant was advised by the WRC that in order to consider any application for a postponement, a medical certificate covering the date of the hearing would be required. No such medical certificate was presented covering the date of the 14th June 2018. |
Summary of Complainant’s Case:
The complaint form claimed discrimination on the grounds of race and for being in receipt of housing assistance in relation to the renting of a house. |
Summary of Respondent’s Case:
A submission was made by the Respondent denying the complaint in full. |
Findings and Conclusions:
I am obliged to hold a hearing. The complainant was notified of the arrangements for the hearing in writing and by his own email of the 22nd May 2018 was aware of the hearing date. He did not submit a medical certificate to ground any application for an adjournment. I find that the complainants’ 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 allegations of discrimination, I conclude the investigation and find against the complainant. |
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.
I find that the case is not well founded. |
Dated: 1st November 2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
No attendance. Postponement application. |