ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00030156

Parties:

	Complainant	Respondent
Parties	Mariusz Miklas	Sonoma Valley Limited (Gsls)

Representatives

Anne O'Connell, Anne O'Connell Solicitors

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998	CA-00040026-001	23/09/2020

Date of Adjudication Hearing: 31/08/2021

Workplace Relations Commission Adjudication Officer: Ewa Sobanska

Procedure:

In accordance Section 86 of the Employment Equality Acts, 1998 - 2015,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.

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359 of 2020, which designates the WRC as a body empowered to hold remote hearings.

Background:

The Complainant commenced his employment with the Respondent on 14th September 2014.

He referred the within complaint to the Director General of the Workplace Relations Commission on 23rd September 2020 alleging that an employment agreement contains a provision which is discriminatory.

The Complainant did not attend the hearing or provide any explanation for failure to do so.

Summary of Complainant’s Case:

The Complainant failed to attend the hearing to adduce evidence in support of his complaint.

Summary of Respondent’s Case:

The Respondent was in attendance at the hearing.

Findings and Conclusions:

A complaint was received by the Director General of the WRC by the Complainant on 23rd September 2020 alleging that an employment agreement contains a provision which is discriminatory.

A letter was sent to the parties by post on 21st July 2021 outlining the arrangements for the adjudication hearing. An email in relation to a postponement of the adjudication hearing request was sent to the Complainant on 19th August 2021.

The said complaint was referred to me for investigation. A hearing for that purpose was held on 31st August 2021. An email with an invitation to the hearing containing the relevant information and a link to join the virtual/remote hearing was sent to the parties on 27th August 2021. There was no appearance by or on behalf of the Complainant at the hearing. I waited some time to accommodate a late arrival. The WRC attempted, unsuccessfully to contact the Complainant on the mobile number provided in the complaint referral form.

I am satisfied that the Complainant was on notice of the hearing.

There has been no communication from the Complainant prior to the hearing indicating any difficulties with the attendance at the hearing nor has there been any communication from the Complainant post-hearing to explain his non-attendance.

Decision:

Section 86 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant provisions under section 87 of the Act.

Section 87(1)(b) of the Act allows the Director General of the WRC to identify which (if any) provisions of an agreement are null and void by virtue of section 9 and, if he considers it appropriate, to provide guidelines to the parties to an agreement on how a void provision might be recast.

My powers are limited to consideration of the provisions of a collective agreement duly referred under section 86 of the Employment Equality Act 1998. The Complainant, however, was unclear as to the collective agreement being referred and did not identify any specific provisions which might be considered discriminatory. The Complainant did not attend the hearing to advance his claim.

Having regard to the above circumstances, I am unable to identify what a collective agreement the Complainant has referred under Section 86 of the Acts. Consequently, I am unable to identify which (if any) provisions of a collective agreement are null and void by virtue of section 9 and/or provide guidance to the parties as to how the offending provisions might be recast.

Dated: 22nd September 2021