ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00013700
Parties:
| Complainant | Respondent |
Anonymised Parties | An individual | A legal company |
Representatives | Did not attend | Owner / 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-00018017-001 | 16/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00018052-001 | 20/03/2018 |
Date of Adjudication Hearing: 03/09/2018
Workplace Relations Commission Adjudication Officer:Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant alleges that he replied to a job advertisement for a female legal secretary in Polish. On 26/02/2018 he received a missed telephone call that he replied to the following day and spoke to a Polish speaking lady who promised him that the Principle would call him back. He received no phone call and lodged his complaint with the Workplace Relations Commission (WRC) on 16/03/2018 alleging that he had been discriminated against on the grounds of gender. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing on 03/09/2018 at 9.00am. The Complainant also failed to notify the WRC offering any type of explanation regarding his failure to attend the hearing. Correspondence regarding arrangements for the hearing had been sent to the address supplied by the Complainant. |
Summary of Respondent’s Case:
The Respondent and his legal representative attended the hearing as scheduled and were in a position to make a full defence against the allegations made. |
Findings and Conclusions:
As the Complainant did not attend the hearing and failed to contact the WRC offering any explanation for his non-attendance the Complaint must fail for lack of prosecution. |
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.
Complaint fails for lack of prosecution. |
Dated: 5th September, 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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