ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029691
Parties:
| Complainant | Respondent |
Anonymised Parties | A Mother | A Statutory Agency |
Representatives |
| Folasade Bola Kuti-Olaniyi's Tusla |
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-00038387-001 | 26/06/2020 |
Date of Adjudication Hearing: 10/12/2021
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
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:
|
Summary of Complainant’s Case:
There was no appearance for or on behalf of the Complainant. |
Summary of Respondent’s Case:
Due to the very sensitive nature of the Complainant’s complaint and the details given in relation to the Respondent’s involvement with her child this decision should be anonymised in order to protect the identity of the child. The Complainant was on notice of the hearing. She failed to turn up to prosecute the matter. On those grounds the matter should be dismissed for want of prosecution. |
Findings and Conclusions:
Due to the very sensitive nature of the Complainant’s complaint which sets out details in relation to her own personal issues, the Respondent’s involvement with her child and details in relation to the child’s father, I am fully satisfied that this decision should be anonymised in order to protect the identity of the child, the mother and the father. Having perused the case file I am satisfied that the Complainant was on notice of the date and time of the remote hearing and had been sent the hearing link. Additional time was given to the Complainant to allow for any technical difficulties she may have been experiencing. The case was due to start at 10.30am. By 10.45am the Complainant had not appeared and was not responding to calls made to her by the case officer. In those circumstances I find that the case is not well founded and accordingly fails. |
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.
The case fails. |
Dated: 15th December 2021
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
Dismiss for want of prosecution. Notice. |