ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017761
Parties:
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00022899-001 | 26/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00022900-001 | 26/10/2018 |
Date of Adjudication Hearing: 02/04/2019
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
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 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 is alleging that she was discriminated against by the respondent on grounds of family status in relation to her conditions of employment and her dismissal from the company. |
Summary of Complainant’s Case:
The complainant did not attend the hearing and was not represented. No reasons were given for the complainant’s non-attendance. |
Summary of Respondent’s Case:
The respondent attended the hearing and was available to provide its evidence in relation to the complaint. |
Findings and Conclusions:
As part of my investigation under Section 79 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 79 has ceased. The complainant has an obligation to adduce evidence in support of the allegations of discrimination at the hearing. In the instant circumstances, I conclude the investigation and find against the complainant. |
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.
I find that the complainant’s failure to attend the hearing was unreasonable in the circumstances and that any obligation under Section 79 of the Acts has ceased. I conclude the investigation and find against the complainant. |
Dated: 06/06/19
Workplace Relations Commission Adjudication Officer: Valerie Murtagh