Complainant

Respondent

Parties

Farnaz Kazerani

Bank Of Ireland

Complainant

Respondent

Anonymised Parties

Farnaz Kazerani

Bank of Ireland

Representatives

McDowell Purcell Solicitors

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00015238-001

23/10/2017

The complainant is claiming that she was discriminated against on grounds of race and civil status in relation to the provision of a service. The complainant states she was subjected to discrimination when she tried to open a customer account with the respondent because she is an Iranian national. A hearing was initially scheduled for 20 February 2018 and on that date the respondent was present, however the complainant did not attend. Subsequently, the complainant made contact with the WRC outlining extenuating circumstances for her unavailability. A re-scheduled date of hearing was arranged for 25 June 2018, the complainant was in attendance but the respondent did not attend. In relation to the respondent’s non-attendance, it highlighted difficulties regarding its Counsel’s availability. Having carefully considered the submissions made by the respondent in this regard, in the interests of fair procedures, a decision was made to re-schedule the hearing and parties were given advanced notice that the hearing would take place on 14 January 2019.  

The complainant did not attend the hearing and was not represented. No reasons were given for the complainant’s non-attendance.

The respondent attended the hearing and was available to provide its evidence in relation to the complaint.

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. The complainant has an obligation to adduce evidence in support of the allegations of discrimination in the presence of the respondent. In the instant circumstances, I conclude the investigation and find against the complainant.

I find that the complainant’s failure to attend the hearing was unreasonable in the circumstances and that any obligation under section 25 of the Acts has ceased. I conclude the investigation and find against the complainant.