ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034202
Parties:
| Complainant | Respondent |
Parties | Joe Butler | Park Lodge Medical Centre |
Representatives | Not present | Comyn Kelleher Tobin Solicitors |
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-00045172-001 | 13/07/2021 |
Date of Adjudication Hearing: 07/07/2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
The Complainant submitted a complaint he was discriminated against for being asked to use a mask when entering a medical surgery. |
Summary of Complainant’s Case:
The Complainant was not present at the Hearing and therefore no evidence was offered to support his complaint. |
Summary of Respondent’s Case:
The Respondent submitted a detailed rebuttal of the complaint. |
Findings and Conclusions:
A Complaint was received by the Director General of the Workplace Relations Commission by Joe Butler on July 13th 2021 alleging that the Respondent contravened the provisions of the Equal Status Act 2000 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on July 7th 2022. There was no appearance by or on behalf of the Complainant at the Hearing. I am satisfied that the said Complainant was informed in writing of the date, time and remote electronic means at which the Hearing to investigate the complaint would be held. In these circumstances and 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. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the Respondent did not engage in prohibited conduct. |
Dated: 12th July 2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Discrimination |