ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00004879
Parties:
| Complainant | Respondent |
Anonymised Parties | A Tutor | An Educational Body |
Representatives | Hugh Hegarty SIPTU |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00006939-001 | 12/09/2016 |
Date of Adjudication Hearing: 22/08/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015,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 that he had been discriminated on the Age Ground by his employer by being made retire. The Respondent rejected the allegation and submitted that the Complainant had been treated equally to all those in a similar position. At the hearing the Complainant was given an instruction to supply an additional submission as there was insufficient detail in the original submission to enable the Respondent mount a defence. The Complainant did not comply with my instruction. The Respondent was also given an instruction to supply additional information but failed to do so, however, this failure of the Respondent is not fatal as the initial probabtive burden lies on the Complainant. |
Summary of Complainant’s Case:
The Complainant did not provide a submission as requested. |
Summary of Respondent’s Case:
The Respondent did not provide a submission as requested. |
Findings and Conclusions:
The Complainant failed to fulfil an instruction which would have enabled me to follow my statutory obligation. I am satisfied that any obligation I have under Section 79 has ceased in these circumstances. |
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
I find against the Complainant |