ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014453
Parties:
| Complainant | Respondent |
Parties | Gavin Bushe | Peter Jarvis |
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-00018702-001 | 23/04/2018 |
Date of Adjudication Hearing: 13/08/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000, this complaint was assigned to me by the DirectorGeneral. I conducted a hearing on August 13th 2018, and I gave the parties an opportunity to be heard by me and to present to me evidence relevant to the complaint. Both parties attended the hearing without representation.
Background:
This is a complaint of discrimination on the grounds of being in receipt of a social welfare payment. The complainant said that the respondent discriminated against him when he enquired about a room to rent in a house owned by the respondent. |
Findings and Conclusions:
At the hearing, evidence was produced by the respondent which showed that he is a mortgage-holder of a private house. Section 6(1) of the Equal Status Act 2000 prohibits discrimination on the ground of being in receipt of rent supplement (specifically, subsection 1A(b)). However, subsection 2(d) of section 6 provides that subsection 1 does not apply to the provision of accommodation “by a person in a part (other than a separate and self-contained part) of the person’s home.” As the respondent was seeking to rent a room in his home, I find that I have no jurisdiction under the Equal Status Act 2000 to hear this complaint, which in my view, is misconceived. |
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.
I have decided that this complaint is misconceived and in accordance with Section 22 of the Equal Status Act 2000, I dismiss this complaint. |
Dated: 6th September 2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Rent of a room in a private house |