ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014893
Parties:
| Complainant | Respondent |
Parties | Rachel Fitzgerald | Mary Immaculate College |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | Not present | Muireann Mc Enery (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-00019295-001 | 20/05/2018 |
Date of Adjudication Hearing: 11/04/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 Complainant was an external applicant for a position within the College and she alleged discrimination on the basis of age, gender and that she was treated unlawfully by discriminating against her getting a job as the Respondent would not do a virtual interview with her and they insisted on a face to face interview. The Complainant is currently living in Australia. |
Summary of Complainant’s Case:
The Complainant submitted her claim on May 20th 2018 but did not attend the Hearing to provide evidence to support her claim. |
Summary of Respondent’s Case:
The Respondent denied any discrimination and felt they had no case to answer as the Complainant was not present to submit any evidence of her 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.
A complaint was received by the Director General of the Workplace Relations Commission on May 20th 2018 alleging that the Respondent contravened the provisions of Section 6 and 8 in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on April 11th 2019. There was no appearance by or on behalf of the complainant at the Hearing. I am satisfied that the said complainant was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 30th April 2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
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