ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027399
Parties:
| Complainant | Respondent |
Parties | Vasile Calin | Tony Santoro |
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-00035092-001 | 06/03/2020 |
Date of Adjudication Hearing: 18/11/2021
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Section 21 of the Equal Status Act 2000 (as amended) an individual may seek redress in respect of any prohibited conduct that has been directed against him or her by referring a case to the Workplace Relations Commission. It is a condition precedent to bringing any such matter before the Workplace Relations Commission that the individual complainant shall have already notified the Respondent in writing (Form ES 1) of the nature of the allegation and the intention to seek such redress if not satisfied with the Respondent’s response. This Notice in writing shall be brought within two months of the said prohibited conduct or the last instance of same.
Pursuant to Section 25 of the Equal Status Act 2000 I have had the within matter referred to me by the Director General for the purpose of investigation into claims of discrimination.
Generally, discrimination under this Act is taken to have occurred where a person is treated less favourably that another person is (or would be) treated and by reason of any of the discriminatory grounds (as specified).
Broadly, the Equal Status Act prohibits discrimination in the context of buying and selling goods from and to the public (or a section thereof) and also in the context of using and providing services available to the public (or a section thereof).
The Act allows for an Order for compensation for the effects of the prohibited conduct or that a person or persons take a specified course of action. Under Section 27(1) of the Act redress may be ordered where there has been a finding in favour of the Complainant. Redress can include compensation for the effects of the prohibited conduct concerned or can take the form of an order that persons specified take a specific course of action.
In relation to the applicable burden of proof, section 38A of the Acts is applicable to all complaints of discrimination under the Equal Status Acts and requires the Complainant to establish, in the first instance, facts from which a discrimination can be inferred. It is only when such a prima facie case has been established that the onus shifts to the Respondent to rebut the inference of discrimination. (Double check 18/10)
Providers of accommodation services are prohibited from discriminating against someone on the “housing assistance” ground i.e. on the ground that they are in receipt of a rent supplement, housing assistance payment or other social welfare payment. The housing assistance ground protects anyone who has applied for and is eligible to receive such payments and applies to existing tenants and those looking for accommodation. Discrimination may take the form of refusing to allow a person look at or rent a property, refusing to accept the rent supplement or a refusal to complete the appropriate forms etc.
Background:
The Complainant lodged a complaint under the Equal Status Act on the 5th of March 2020. The Complaint relates to an issue between a landlord and tenant and in particular the failure to fill out the HAP form as requested. |
Summary of Complainant’s Case:
The Complainant did not elaborate on the statement and allegation made in the ES1 form. The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent did not engage with the process before the date of the hearing and I am however satisfied that the Respondent did make himself available for the hearing (which was to be held remotely) on the appointed day. |
Findings and Conclusions:
I say that I allowed a reasonable period of time for the Complainant to make himself available to attend the remote hearing as organised by the WRC. The Complainant did not join the meeting, nor did he give a reason for his non-attendance. Having waited another couple of further days, I confirm that no effort has been made by the Complainant to communicate with the WRC and it is therefore to be presumed that the Complainant will not be pursuing his complaint. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 CA-00035092-001 - The Complaint herein fails. There is no finding of prohibited conduct and no entitlement to redress. |
Dated: 25.11.2021
Workplace Relations Commission Adjudication Officer: Penelope McGrath
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