ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033166
Parties:
| Complainant | Respondent |
Parties | Eileen Dobson | Campbells Butchers Limited |
Representatives |
| Baxter Mimnagh 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-00043850-001 | 03/05/2021 |
Date of Adjudication Hearing: 30/05/2022
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
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 made a written submission that she was discriminated on the grounds of disability by the Respondent for failing to wear a mask at its premises on the 23 January 2021. |
Summary of Complainant’s Case:
There was no attendance by the Complainant at the hearing. |
Summary of Respondent’s Case:
The Respondents case was that it did not discriminate against the Complainant. It submitted that it treated her equally and fairly. |
Findings and Conclusions:
This complaint was received by the Director General of the Workplace Relations Commission from the Complainant on the 3rd March 2021 alleging discrimination. The said complaint was referred to me for investigation. A hearing for that purpose was held on 30 May 2022. There was no appearance by or on behalf of the Complainant at the hearing. The Complainant engaged with the Workplace Relations Commissions by email. A notification of the hearing date issued on the 7 April 2022. On the 25 May 2022, the Complainant emailed the WRC enquiring as to how the case would be heard. A link was sent to the Complainant on the 26 May 2022 for her to access the remote hearing on 30 May 2022 at 9.00 a.m. A further email was sent to her on the 27 May 2022 confirming that the case would proceed as scheduled by remote hearing. On the morning of the hearing on the 30 May 2022 when the Complainant did not join the remote hearing, a telephone call was made to her mobile phone number, but this was not answered. Since that engagement, no notification of change of address or email address was received by the Workplace Relations Commission. Based on same I am satisfied that the said Complainant was informed in writing of the date and time at which the remote 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 complaint is not well-founded. |
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.
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Dated: 10th June 2022
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
No attendance |