ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017742
Parties:
| Complainant | Respondent |
Parties |
Representatives | No appearance | No appearance |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00022906-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015,following the referral of the complaint / dispute to me by the Director General, I inquired into the complaint / dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint / dispute.
Background:
The Complainant alleges that he was dismissed on grounds of race |
Summary of Complainant’s Case:
The Complainant appeared at the first day of the Adjudication hearing at which he accepted that the address for the Respondent may have been incorrect. He provided the Adjudicator with an alternative address for the Respondent and requested an Interpreter for the next day. On the adjourned date the Complainant did not appear at the Adjudication hearing |
Summary of Respondent’s Case:
The Respondent did not appear at either date of the Adjudication hearing |
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.
Having been put on notice of the adjudication hearing on 11 September 2019, both parties failed to attend the hearing. The onus is upon the Complainant to present his claim at an Adjudication hearing. As he did not appear at the adjourned date, the complaint under the Equality Acts remains unprosecuted. In an equality complaint the onus of proof lies upon the Complainant to establish prima facie that discriminatory conduct of the Respondent occurred. However as this was not done due to the Complainant’s non-appearance, this complaint must fail. Neither party notified the WRC in advance that they would not be attending the Adjudication hearing. The expense of the interpreter requested by the Complainant who travelled to attend the hearing, must now be unnecessarily borne by the WRC. |
Dated: November 25th 2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Equality - onus of proof – no appearance |