ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026746
Parties:
| Complainant | Respondent |
Parties | Kathleen Wall | Euro Giant Euro General |
Representatives | Exchange House Ireland | Lavelle Partners |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00034060-001 | 29/01/2020 |
Date of Adjudication Hearing: 4/10/2021, 15/11/2021 &28/03/2022
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000following 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:
The Complainant submitted a complaint of discrimination against the Respondent on the grounds of her membership of the Travelling Community. Both parties attended the first adjudication hearing on 4th October 2021 which was held as a 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. At the hearing, the Respondent indicated that it wished to adduce CCTV evidence. It was not possible to share the CCTV evidence via the remote platform, so the Adjudication Officer made a decision to adjourn the hearing to an in-person hearing. The in-person hearing took place on 15th November 2021. The Respondent attended the hearing. The Complainant did not attend the hearing although her representative did. The Adjudication Officer made the decision to adjourn the hearing. The rescheduled hearing took place on 28th March 2022. The Respondent attended the hearing, Neither the Complainant nor her representative attended the hearing. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing. |
Summary of Respondent’s Case:
The Respondent attended the adjudication hearing. |
Findings and Conclusions:
As part of my investigation under Section 25 of the Equal Status Acts, I am obliged to hold a hearing. I am satisfied that the Complainant was notified of the arrangements for the hearing. As no evidence was given at the hearing in support of the allegation of discrimination, I conclude the investigation and find against the Complainant. |
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.
In the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 04th April 2022
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Equal Status – membership of the Travelling Community – no show Complainant |