ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014554
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Limited Company |
Representatives | Gary Daly Gary Daly & Co. Solicitors | Peter Flood Ibec |
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-00017711-001 | 28/02/2018 |
Date of Adjudication Hearing: 01/08/2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly BL
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.
Summary of Complainant’s Case:
No Appearance |
Summary of Respondent’s Case:
The complainant has not attended for the hearing. His solicitors, it would seem have been unable to get instructions from him. He applied for a postponement yesterday but did not submit evidence proving that he was not in the country. The ferry tickets submitted only showed the departure date and not a return date. The letter of notice of the hearing was sent to the complainant’s solicitors on the 25.06.2018. The outbound ferry ticket was booked on the 29.06.2018. The complainant was aware of the hearing date when he booked the tickets. Despite that he only applied for a postponement yesterday. Furthermore, there are no submissions in relation to this claim despite same being sought on several occasions. |
Findings and Conclusions:
I am satisfied that the complainant was aware of the hearing date, time and venue as he applied for a postponement yesterday afternoon. I am also satisfied that the complainant was on notice of the hearing date when he booked his outbound ferry ticket. Despite being on notice of the hearing date since late June, 2018 he did not apply for a postponement until the very last minute. The complainant stated in his postponement application that he was not in the jurisdiction, however he did not provide any evidence of that. The ferry ticket submitted shows an outbound journey on the 11.07.2018. There is no evidence of a return date. There is an obligation on the complainant to show that he is out of the jurisdiction and he has failed to do so. He has also failed to give any explanation as to why no return date was given. Furthermore, I note that despite several requests to provide particulars of the within claim, the complainant has failed to provide same. The complainant was put on notice by the WRC on the 24.05.2018 that submissions were required within 21 days from that date. However, despite that, he failed to file any submissions or particulars of his claim. It is for the reasons set out above that I am dismissing the within claim. |
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.
The claim CA-00017711-001 fails. |
Dated: 06/09/18
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly BL
Key Words:
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