ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013382

Parties:

	Complainant	Respondent
Parties	Delia Ho	Morley Walsh Consulting Engineers

	Complainant	Respondent
Anonymised Parties	A Job Applicant	A Consulting Engineering Company.

Representatives

No appearance

A Manager

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-00017640-001	24/02/2018

Date of Adjudication Hearing: 22/08/2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with 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:

The case involved alleged Discrimination during a Job Interview process on grounds of Civil Status, Family Status and Interviewing procedures.

1: Summary of Complainant’s Case:

Did not attend the Oral Hearing and no evidence was presented.

2: Summary of Respondent’s Case:

As no Complainant evidence was presented the Respondent was not required to go into any rebuttal evidence. Notwithstanding this the Respondent absolutely denied any suggestions of Discrimination.

3: Findings and Conclusions:

It is a requirement of the Employment Equality Act,1998 that an initial prima facie case be presented by a Complainant.

As this did not happen the case must be dismissed for want of a prima facie basis on which to proceed.

4: 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.

Act	Complaint/Dispute Reference No.	Summary Decision /please refer to Section 3 above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00017640-001	Claim is dismissed for want of prima facie basis to the proceedings.

Dated: 10th October 2018

Workplace Relations Commission Adjudication Officer: Michael McEntee