CORRECTION Order issued pursuant to Section 29 of the Equal Status Act 2000 (as amended)
This order corrects the original decision issued on the 20th November 2019
ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00017833
Parties:
| Complainant | Respondent |
Anonymised Parties | An asylum seeker | A government agency |
Representatives | David Fennelly BL instructed by Stephen Collins Irish Human Rights and Equality Commission | Shelley Horan BL instructed by McCann Fitzgerald Solicitors. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00023026-001 | 05/11/2018 |
Date of Adjudication Hearing: 30/01/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 25 of the Equal Status Act, 2000, 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 a Pakistani national who has lived in Ireland since June 2015. Upon arrival in Ireland, he sought asylum and he remains in the international protection system. He is married to an EU national and lives in Kildare, County Kildare. The Complainant applied for and was granted a temporary self employment permit in March 2018 under this scheme which has since been automatically renewed. Since then, he has worked as a delivery man, using a bike for this purpose. In order to facilitate the exercise of his right to work and to enable him to increase his income, the Complainant needs to be able to drive. It is for this reason that, after obtaining his self-employment permit, he applied for a learner driver permit. It should be noted that, as agreed at the hearing, the names of the parties are not to be published.
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Summary of Complainant’s Case:
See Findings and Conclusions below. |
Summary of Respondent’s Case:
See Findings and Conclusions below. |
Findings and Conclusions:
Since January 2013, the Respondent government agency has responsibility for driving licences in Ireland and a service provider delivers the service, on behalf of the government agency since September 2013. The Respondent notes that a complaint has also been lodged in respect of the service provider, which is a registered trademark of the Respondent and which, accordingly, does not have legal personality and therefore cannot properly be a party to this or any complaint. The Complaint and Decision in relation to the correct Respondent is contained within file ref: ADJ – 00017832. The file referenced ADJ – 00017833 and naming the service provider will now be closed. |
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 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
As outlined above. |
Dated: 20th November 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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