ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027013
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Transport Company |
Representatives | No appearance | Respondent – in person |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033767-001 | 14/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00033767-002 | 14/10/2019 |
Date of Adjudication Hearing: 16/09/2020
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 – 2015following the referral of the complaints / disputes to me by the Director General, I inquired into the complaints / disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints / disputes.
Background:
Equality and Holiday Pay complaint. |
Summary of Complainant’s Case:
No appearance by Complainant |
Summary of Respondent’s Case:
The Complainant made no appearance at the Adjudication hearing and the witness for the Respondent attended the hearing and denied both complaints. |
Findings and Conclusions:
Having been satisfied that the Complainant was on notice of the Adjudication Hearing, by email dated 12 August 2020, and as the Complainant failed to attend the hearing (having not provided the WRC with an explanation as to his non-appearance) the two complaints have not been prosecuted by the Complainant, the Adjudicator finds as follows: CA-00033767-001 is not well founded CA-00033767-002 the onus to discharge a prima facie case of discrimination has not been discharged by the Complainant |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints / disputes 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.
CA-00033767-001 is not well founded CA-00033767-002 as a prima facie case of discrimination has not been discharged by the Complainant, this complaint fails |
Dated: October 1st 2020
Workplace Relations Commission Adjudication Officer: Emile Daly