ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025481
Parties:
| Complainant | Respondent |
Parties | Olumide Smith | The Legal Aid Board |
Representatives |
| Thomas O'Mahony , Legal Aid Board |
Complaint
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00032206-001 | 30/09/2019 |
Date of Adjudication Hearing: 21/03/2022
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000 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:
On 30th September 2019, the Complainant referred a complaint against the Respondent to the WRC pursuant to the Equal Status Acts. The Complainant asserts that he was discriminated against on the race ground and was also subjected to harassment and victimisation. On 3rd February 2022, notice of the adjudication hearing was issued to the parties. The parties were informed that the hearing would be conducted remotely. The parties were made aware that all cases are considered amenable to a remote hearing, unless a party can demonstrate that holding a remote hearing would not be in the interests of justice or would breach fair procedures. On 28th February 2022, the Complainant objected to a remote hearing and applied for postponement of the hearing. The objection to a remote hearing and the application for a postponement were refused. On 16th March 2022, the Complainant was informed that the remote hearing would proceed as scheduled. |
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. I find that the Complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 of the Acts has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, harassment and victimisation, 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: 22nd March 2022
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Complainant no show |