ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014722
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-00019253-001 | 17/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00019254-001 | 17/05/2018 |
Date of Adjudication Hearing: 12/09/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
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.
Section 5 of the Equal Status Act 2000 (as amended) prohibits discrimination by any person or any organisation in disposing of goods to the public or in the provision of a service to the public such that that person is treated less favourably than another person would be treated in a comparable situation and has been so treated.
Note: The discrimination must fall within one of the grounds specified in Section 5 of the said Act.
Note: The Body, entity or person against whom the claim is brought must be providing goods or a service to the public or a portion of the public
Pursuant to Section 25 of the Equal Status Act 2000 I have had the within matter referred to me by the Director General of the Workplace Relations Commission for the purpose of investigation into claims of discrimination and I have heard where appropriate interested parties and have considered any relevant documentation. I am satisfied that the Complainant herein has complied with the obligation to provide a notification (Form ES1) and within the time limit.
Background:
The Respondent did not attend and in the event, I heard the Claimant’s unchallenged evidence. The Claimant lives in a house that has some shared kitchen and laundry facilities. At the end of December 2017, the Claimant got into a row with another tenant living in the same house as him. The Claimant was afraid for his life by reason of the things being shouted at him. I fully accept the Claimant’s version of events and accept that unacceptable and racial language was used against the Claimant and in particular that the Claimant was abused as to the colour of his skin. The claimant reported this incident to the Garda and to his Landlord. |
Findings and Conclusions:
I have carefully considered the Claimant’s evidence. I fully accept his version of events and accept that foul, racial and abusive and threatening language was used against him and that he has therefore been discriminated against because of his race and Gender. I have had to explain to the Claimant that the person who used such unacceptable language does not provide goods or a service to the public. This was an unpleasant altercation between two people in a domestic setting. I therefore cannot make any finding under this legislation nor can there be any redress. |
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 Claimant has not established a claim under the Equal Status Acts, 2000 – 2015 |
Dated: 02/10/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath