ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00017463
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | Civil Service Dept |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00020456-003 | 10/07/2018 |
Date of Adjudication Hearing: 08/04/2019 and 03/12/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
The claimant lodged a complaint of discriminatory treatment and discriminatory dismissal on the grounds of disability against the respondent on the 10.07.2018. The first hearing of the complaint took place on the 8.04.2019 .The claimant wrote to the WRC on the 28th.February 2019 indicating that owing to ongoing mental health difficulties he was not capable of “facing my previous employer at an oral hearing.”The claimant failed to attend the hearing and the case was adjourned to allow the claimant an opportunity to attend a hearing at a later date. On the 9th.July 2019 , the claimant’s GP advised the WRC that for the claimant to attend a hearing” at the moment would put an intolerable stress on him that would be detrimental to his health”. He asked that the claimant be offered a private hearing instead. The hearing was rescheduled for the 3rd.12.2019 .The claimant did not attend and was not represented at the hearing.No adjournment was sought by the claimant.
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Summary of Respondent’s Case:
The respondent attended the first hearing on the 8th.April 2019 and agreed to an adjournment when the claimant failed to attend.The respondent’s representative attended the second hearing on the 3rd.December 2019 and presented a detailed submission on behalf of the respondent – it was submitted by the respondent that the complaints were out of time and it was contended that the claimant in his correspondence with the WRC , had not provided any evidence that he was discriminated against within the meaning of the Employment Equality Act 1998-2015 during his employment with the respondent. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
Section 79(1) of the Employment Equality Acts, 1998-2008 requires me, as part of my investigation, to hold a Hearing. The parties were initially notified of the arrangements for the Hearing of the 8.04.2019 on the 26th.February 2019 . The claimant did not attend.I am satisfied that the complainant received this notification within days of it issuing from this Tribunal. The hearing was adjourned to allow the claimant a second opportunity to attend a hearing of his complaints.The parties were notified in writing of the hearing scheduled for the 3.12.2019 on the 10th.October 2019. I am satisfied that the complainant received this notification within days of it issuing from this Tribunal. It was open to the complainant to seek an adjournment of the Hearing arrangements at any time after the 10th.Octoer 2019 - however he did not do so.The claimant did not attend the hearing . In the circumstances I find that the complainant's failure to attend the Hearing was unreasonable and that any obligation under section 79(1) has ceased. As no evidence was presented by the complainant in support of his complaint I conclude the investigation and find against the complainant.In light of the sensitive nature of the claimant’s disability I have decided to exercise my discretion to anonymise the parties to this complaint.
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Date: 26th March 2020