ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015783
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00018347-001 | 05/04/2018 |
Date of Adjudication Hearing: 05/04/2019
Workplace Relations Commission Adjudication Officer: James Kelly
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000, 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.
Background:
The complainant claimed that he was discriminated against on the gender and disability grounds when he attempted to access the Respondent’s services. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing and was not represented. |
Summary of Respondent’s Case:
The Respondent was present at the hearing and wished to defend the allegations made against it. |
Findings and Conclusions:
The Hearing was scheduled for 10 am. On the day of the hearing when it was evident that the Complainant was not in attendance, I suspended the hearing for some time to allow for his late arrival. In that time, I made contact with the Workplace Relations Commission to see if the Complainant had been in touch to explain his non-attendance. I was informed he had not made contact. On that basis, I started the hearing and as the Complainant did not attend the hearing, and as no evidence was given at this hearing in support of the allegations of discrimination, I conclude the investigation and find against the Complainant. |
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.
As part of my investigation under Section 25 of the Acts, I am obliged to hold a hearing. I am satisfied that the Complainant was notified of the arrangements for the hearing. I find that the Complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the Complainant. |
Dated: 30/04/2019
Workplace Relations Commission Adjudication Officer: James Kelly
Key Words:
Equal Status Acts – no show - find against the Complainant |