ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021942
Parties:
| Complainant | Respondent |
Parties | Abdelhakim Mousli | Philip O’Rourke |
| Complainant | Respondent |
Anonymised Parties |
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Representatives |
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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-00028731-001 | 29/05/2019 |
Date of Adjudication Hearing: 09/10/2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 21 of the Equal Status Act 2000 (as amended) an individual may seek redress in respect of any prohibited conduct that has been directed against him or her by referring a case to the Workplace Relations Commission. It is a condition precedent to bringing any such matter before the Workplace Relations Commission that the individual complainant shall have already notified the Respondent in writing (Form ES 1) of the nature of the allegation and of the intention to seek such redress, if not satisfied with the Respondent’s response. This Notice in writing shall be brought within two months of the said prohibited conduct or the last instance of same.
A Respondent may choose to reply with an explanation for the treatment by returning the attached ES 2 Form.
Pursuant to Section 25 of the Equal Status Act 2000 I have had the within matter referred to me by the Director General for the purpose of investigation into claims of discrimination and I have heard, where appropriate, interested parties and have considered any relevant documentation provided in advance of the hearing and in the course of the hearing. At the conclusion of any such investigation I shall make a decision and if in favour of the Complainant I shall provide for redress (s.25 (4))
Section 5 of the Equal Status Act 2000 (as amended) prohibits discrimination by any person or any organisation in disposing of goods to the public or in the provision of a service to the public such that that person is treated less favourably than another person would be treated in a comparable situation and has been so treated. The discrimination must fall within one of the grounds specified in Section 5 of the said Act.
In accordance with Section 21 of the Equal Status Act 2000 (as amended) an individual may seek redress in respect of any prohibited conduct that has been directed against him or her by referring a case to the Workplace Relations Commission.
I am satisfied that the Complainant herein has complied with the obligation to provide a notification (Form ES1) dated the 3rd of June 2019 and within the time limit.
Providers of accommodation services are prohibited from discriminating against someone on the “housing assistance” ground i.e. on the ground that they are in receipt of a rent supplement, housing assistance payment or other social welfare payment. The housing assistance ground protects anyone who has applied for and is eligible to receive such payments and applies to existing tenants and those looking for accommodation. Discrimination may take the form of refusing to allow a person look at or rent a property, refusing to accept the rent supplement or a refusal to complete the appropriate forms etc.
Background:
The Complainant brings a complaint against his Landlord by way of Workplace Relations Complaint Form dated the 29th of May 2019. He claims he was discriminated against by reason of his being a recipient or proposed recipient of housing assistance. |
Summary of Complainant’s Case:
The Complainant gave evidence on his own behalf and explained that he had to go to his Landlord on losing his job to ask him to fill out forms to get housing assistance. The Complainant was familiar with the process as he had been in receipt of rent supplement in the past. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. I am satisfied that the Respondent was notified of the hearing date by way of letter sent to his home address on the 10th of September 2019. I am further satisfied that the Complainant’s evidence is that he sent the requisite ES.1 form to the Respondent on or about the 3rd of June 2019 and that the Respondent did not proffer a response or denial by Form ES.2. |
Findings and Conclusions:
I have carefully listened to the evidence adduced by the Complainant and which was not challenged by the Respondent by reason of his non-attendance. I am satisfied that the Respondent herein was providing a service to people looking to rent rooms in a shared house and that the Complainant was taken on as a tenant and the agreement commenced on the 1st of April 2019. The Complainant paid a deposit of €325.00, and one month’s rent in advance on the 1st of April 2019. The Complainant paid the second tranche of rent at the beginning of May 2019. Unfortunately, the Complainant unexpectedly lost his job and was obliged to notify his Landlord of this fact and that he was seeking Jobseeker’s allowance with an application for housing support also pending. The Complainant asked the Landlord to sign the requisite forms to allow him submit the paperwork. The Respondent Landlord was not happy to get involved with this process. Despite the fact that the Complainant (an IT expert) confirmed that he was in the process of obtaining alternative employment and was able to show he had €3,000.00 savings set aside, the Landlord asked him to vacate his room and the property. The Complainant was ejected on the 17th of May 2019. I accept that the Complainant has made out a Prima Facie case of discrimination herein. The inference has not rebutted by the Respondent and the Complainant must therefore succeed. |
Decision:
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 CA-00028731-001 The Complainant has made out his case and I award redress for the discrimination visited upon him in the amount of €1,000.00. |
Dated: 21st November 2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath