ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015048
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaner | An Employment Agency |
Representatives | Did Not Attend | Office Manager |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00019389-001 | 24/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00019389-002 | 24/05/2018 |
Date of Adjudication Hearing: 23/04/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant was employed by the respondent as a Cleaner from 26th June 2017 until 15th December 2017. The complainant alleges that she was discriminated against on the grounds of gender and family status. The complainant also alleges that she was discriminated against by her former employer in relation to “other” and was also dismissed for discriminatory reasons. The complaints were submitted to the Workplace Relations Commission on 24th May 2018. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing and was prepared to put forward its position in relation to the complaints. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations commission on 24th May 2018 whereby the complainant alleged that her former employer contravened the provisions of the Terms of Employment (Information) Act, 1994 and the Employment Equality Act, 1998 in relation to her. The complaints were assigned the complaint application numbers CA-00019389-001 and CA-00019389-002 respectively. The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 23rd April 2019. Notification of the date, time and venue of the adjudication hearing was issued to the complainant’s solicitor on 26th March 2019. The WRC was subsequently informed by the Solicitor that it was no longer instructed by the complainant. Further correspondence issued to the complainant from the WRC and was returned on 17th April 2019 marked “Gone Away”. There was no appearance by or on behalf of the complainant at the adjudication hearing on 23rd April 2019 and the complainant has made no further contact to date. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
In all of the circumstances of the matter, I must conclude that the within complaints (CA-00019389-001 and CA-00019389-002) are not well-founded and I decide accordingly. |
Dated: 24th July 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Discrimination, Terms of Employment |