ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028298
Parties:
| Complainant | Respondent |
Parties | Olumide Smith | Beaumont Hospital Foundation Company Limited by Guarantee |
Representatives | Did not attend | Internal HR |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00036317-001 | 08/05/2020 |
Date of Adjudication Hearing: 29/03/2022
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000-2015following 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 complaint relates to alleged discrimination and harassment on the race ground. The complaints were received by the Workplace Relations Commission (WRC) on 8th May 2020. The matter was due to be heard remotely using the Webex platform on Tuesday 29th March 2022 at 11.00am. Having been notified of the time and date of the hearing, the complainant objected to a remote hearing and also sought a postponement of the hearing to another date. Both issues were considered in line with the WRC’s policies and procedures. The complainant was notified on 16th March 2022 that the hearing would proceed remotely as scheduled on 29th March 2022 at 11.00am. The complainant submitted documentation in relation to his complaints on 28th March 2022 but did not attend the virtual hearing the next day. The hearing concierge tried to make contact with the complainant by telephone but was unsuccessful. Having waited 20 minutes for the complainant to join the meeting, I formed the view that the complainant would not be in attendance. The complainant has made no further contact with the WRC since the adjudication hearing. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing and was prepared to address its preliminary point that it was not the correct respondent to the complaint. |
Findings and Conclusions:
The complaint was received by the Director General of the Workplace Relations commission on 8th May 2020 whereby the complainant alleged that he was the subject of discrimination and harassment in contravention of the provisions of the Equal Status Acts, 2000-2015. The complaint was assigned the complaint application number CA-00036317-001. The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 29th March 2022. There was no appearance by or on behalf of the complainant at the hearing. |
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 all of the circumstances of the matter, I must conclude that the within complaint (CA-00036317-001 is not well-founded and I decide accordingly |
Dated: 08th April 2022
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Non-attendance at hearing |