ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027132
Parties:
| Complainant | Respondent |
Parties | Paul Maguire | Bus Eireann |
Representatives | Did not attend | Hugh Hannon CIE Solicitors |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00028569-001 | 30/04/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00028569-002 | 30/04/2019 |
Date of Adjudication Hearing: 09/12/2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with 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 complaint relates to an allegation that the respondent contravened the provisions of the Equal Status Act, 2000 in relation to the complainant and his status as a user of the transport services provided by the respondent. Naming of the parties The parties to this complaint are being named as is the general practice of the Workplace Relations Commission in relation to complaints submitted in accordance with the provisions of the Equal Status Act, 2000. |
Summary of Complainant’s Case:
The complainant did not attend the remote adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the remote hearing and was prepared to put forward its position in relation to the complaint. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations Commission (WRC) on 30th April 2019 whereby the complainant alleged that the respondent contravened the provisions of the Equal Status Act, 2000 in relation to him. The complaints were assigned the complaint application numbers CA-00028569-001 and CA-00028569-002. The said complaints were referred to me for investigation. A remote hearing for that purpose was arranged for 16th November 2020. The complainant mistakenly attended the offices of the WRC on that date and was informed that the hearing was in fact a remote hearing and that notification had issued to him in that regard. To facilitate the complainant, a further remote hearing was arranged for 9th December 2020 at 11am. The complainant was contacted in advance of the second hearing in relation to his attendance on the basis that he had indicated on the 16th November 2020 that he may have a difficulty with the remote hearing. The complainant was advised that if he was unable to attend on 9th December 2020, or had difficulty with the remote hearing platform, he should seek a postponement in advance. The complainant was advised that failing to attend the hearing without seeking a postponement would result in a decision based on his failure to attend. The complainant did not attend the remote hearing and did not submit a postponement request as advised. |
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.
In all of the circumstances of the matter, and as the complainant did not attend the remote hearing and did not seek a postponement in advance, I must conclude that the within complaints (CA-00028569-001 and CA-00028569-002) are not well-founded and I decide accordingly. |
Dated: 21st December 2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
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