ADJ-00016923

ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00016923

Parties:

Complaint:

Date of Adjudication Hearing:  29/04/2019

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Procedure:

In accordance with 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.

1.    BACKGROUND

1.1          The complainant referred a complaint under the Employment Equality Acts, 1998 and 2004 to the Workplace Relations Commission alleging that the respondent had (i) discriminated against him on grounds of age, in terms of section 6(2) (f)of the Employment Equality Acts, 1998 and 2004 and contrary to section 8 of those Acts and contrary to section 77 of those Acts. My investigation of the complaint commenced on 29th April 2019.

1.2          In accordance with the normal procedures of the parties were notified in writing on the 27th March 2019 that a Hearing on the complaint would take place at Radisson Hotel Little Island on the 29th April 2019 commencing at 10:00am. This notification was sent by recorded delivery to the complainant. The complainant did not attend the Hearing.

The hearing commenced at the appointed time and the respondent with their representative was present.

 At 10.20am I received a phone message from the hotel stating that the complainant had phoned them to say that he was sick, and he would not be attending.

Findings

1.3          Section 79(1) of the Employment Equality Acts, 1998-2008 requires me, as part of my investigation, to hold a Hearing. The parties were notified of the arrangements for the Hearing in writing, by recorded delivery, on 29th March 2019. I am satisfied that the complainant received this notification. .It was open to the complainant to seek an adjournment of the hearing arrangements, but no such request was applied either by the phone message or by email to the WRC.

2.            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.             

In the circumstances I find that the complainant's failure to attend the Hearing is unreasonable and that any obligation under section 79(1) has ceased. As no evidence was presented by the complainant in support of his complaint I conclude the investigation and find against the complainant.

Dated:   June 12^th 2019

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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