ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028943
Parties:
| Complainant | Respondent |
Parties | Patrick Fowler | An Post |
Representatives | No appearance | Elaine Bermingham An Post |
Complaint:
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-00038470-001 | 01/07/2020 |
Date of Adjudication Hearing: 25/08/2021
Workplace Relations Commission Adjudication Officer: Maria Kelly
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015,following the referral of the complaint to me by the Director General, I attended the remote hearing to inquire into the complaint and to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. The matter was to be heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. There was no appearance for or on behalf of the complainant.
Background:
In the complainant form submitted on 01 July 2020 the complainant asserted that he had been discriminated against by the respondent on the ground of age. |
Summary of Complainant’s Case:
There was no appearance for or on behalf of the complainant. |
Summary of Respondent’s Case:
The respondent was represented by the HR Manager. As the complaint form contained no details of the alleged acts of discrimination the HR Manager had no knowledge to alleged discrimination. |
Findings and Conclusions:
There was no appearance for or on behalf of the complainant at the remote hearing. I note from the case file that the complainant was notified of the date and time of the hearing by letter and e-mail, dated 20 July 2021. The correspondence was sent to the e-mail address provided by the complainant on his complaint form. The invitation to attend the remote WebEx hearing was sent to both parties by e-mail, dated 23 August 2021. The e-mail invitation contained the link to the remote hearing and instructions on joining the hearing together with contact telephone numbers. I am satisfied that the complainant was informed of the date and time of the hearing. Further, I am satisfied that he was provided with the contact details needed to attend the remote hearing by video and/or telephone. I waited for 20 minutes after the time the hearing was due to commence but there was no appearance by the complainant. Attempts were made to contact the complainant by phone and e-mail but there was no reply to either communication. As the complainant failed to appear to pursue his complaint I find the complaint is not well founded. |
Decision:
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-00038470-001 Complaint under the Employment Equality Act, 1998-2015 The complainant failed to appear to pursue his complaint. I find the complaint is not well founded. |
Dated: 10th September 2021
Workplace Relations Commission Adjudication Officer: Maria Kelly
Key Words:
Age discrimination Failure to appear |