ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016144
Parties:
| Complainant | Respondent |
Parties | Mark J. Savage | Eason And Son Limited |
Representatives |
| Conor O’Gorman IBEC |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00021012-001 | 05/08/2018 |
Date of Adjudication Hearing: 31/10/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 21 of the Equal Status Act 2000 (as amended) an individual may seek redress in respect of any prohibited conduct that has been directed against him or her by referring a case to the Workplace Relations Commission. It is a condition precedent to bringing any such matter before the Workplace Relations Commission that the individual complainant shall have already notified the Respondent in writing of the nature of the allegation and the intention to seek such redress if not satisfied with the Respondent’s response. This Notice in writing shall be brought within two months of the said prohibited conduct or the last instance of same.
Pursuant to Section 25 of the Equal Status Act 2000 I have had the within matter referred to me by the Director General for the purpose of investigation into claims of discrimination and I have heard where appropriate interested parties and have considered any relevant documentation provided in advance of the hearing and in the course of the hearing.
Findings and Conclusions:
The complainant brought a complaint under the Equal Status legislation against the Respondent stationers regarding the provision or non-provision of rainbow coloured folder dividers. The Complainant’s complaint was to the effect that the provision rainbow dividers to the exclusion of all other colours amounted to a discrimination against him on the grounds of his religious beliefs. The Complainant did not attend the hearing and no further or explanatory communication has been received by the WRC. I am absolutely satisfied from the file that the WRC has written to the Complainant indicating the time and place for the hearing, and it is noted that the Respondent has attended following from that same notification. I was therefore not presented with the opportunity to fully investigate the Complainant’s complaint. No facts have been established. In the circumstances, the Respondent’s representative sought that this matter be Struck Out in circumstances where the Complainant had not presented to make his case. |
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 initial probative burden rests with the complainant to establish a prima facie case of discrimination as alleged. He has failed to discharge this burden and I conclude my investigation and find against him. His complaint fails. |
Dated: 21st November 2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath