ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023666
Parties:
| Complainant | Respondent |
Anonymised Parties | A Customer | A Supermarket |
Representatives | Sinéad Lucey Free Legal Advice Centres |
|
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-00029963-001 | 30/07/2019 |
Date of Adjudication Hearing: 30/01/2020
Workplace Relations Commission Adjudication Officer: John Harraghy
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 Complainant is of Roma ethnic origin. In February 2019 she attended her local supermarket do so some grocery shopping. She was stopped by a member of staff and was accompanied out of the shop. She was informed that she was being removed from the shop because a representative of the Respondent had observed the Complainant in the presence of other Roma women who were begging outside another of the Respondent’s premises. The Complainant submitted her complaint to the Workplace Relations Commission on 30/07/2019. |
Summary of Complainant’s Case:
The Complainant’s Representative attended the hearing and requested a short adjournment as the Complainant was delayed. This was facilitated and when the hearing reconvened there was no appearance by the Complainant. The Complainant’s representative confirmed that she was aware of the notice regarding the date and time of the hearing. No evidence was adduced in the absence of the Complainant. |
Summary of Respondent’s Case:
The Respondent and a number of witnesses attended the hearing. They were prepared to give evidence to defend their case. |
Findings and Conclusions:
This complaint was received by the Director General of the Workplace Relations Commission on 30/07/2019. The Complainant alleged that the Respondent contravened the provisions of the Equal Status Act 2002. The complaint was referred to me for investigation. A hearing for that purpose was arranged for 30/01/2020. The Complainant’s representative attended the hearing and requested an adjournment to see if she would attend. When the hearing resumed later there was no appearance by the Complainant. Having reviewed the correspondence on file I am satisfied that the Complainant was on notice of the date and time of the hearing. The Complainant’s representative also confirmed that this was the case. As the Complainant was not in attendance to provide any evidence the hearing did not proceed any further. Given that no evidence was provided at the hearing I have decided to exercise my discretion and not to name the parties in this case. |
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 these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 21st July 2020
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Equal Status Act. Ethnic origin. |