ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019264
Parties:
| Complainant | Respondent |
Parties | Julian Aberto Rodriguez Almenares | Old Park Catering Ltd T/A New Park Hotel |
Representatives | Antonio Apollo | Shauna Cunniffe, Tom O’Regan & Co Solicitors |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998 | CA-00025134-002 | 21/01/2019 |
Date of Adjudication Hearing: 01/03/2022 and 5/05/2022
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 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.
The first hearing on 1st March 2022 was held by way of 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. Neither party attended the hearing. However, it transpired that the Complainant might not have been properly notified of the arrangements for the hearing. Another hearing, face to face, was scheduled for 5th May 2022. The Complainant did not attend the hearing. The Respondent did not attend the hearing. However, the Respondent’s representative was in attendance.
Background:
The Complainant referred his complaint to the Director General of the WRC on 21st January 2019. He alleged that an employment agreement contains a provision which is discriminatory. On 21st February 2019, the Complainant wrote to the WRC nominating a friend as his representative. On 29th March 2019, the WRC wrote to the Complainant requesting a detailed statement in respect of his claim. A letter informing the parties of the arrangements for an adjudication hearing scheduled on 29th October 2019 was issued to the parties on 13th September 2019. The letter addressed to the Complainant was returned from An Post on 25th September 2019 marked “unknown at this address”. The WRC phoned the number the Complainant had provided and was informed he was gone away and would not be returning. A letter informing the parties that the hearing arrangements for 29th October 2019 were cancelled was issued on 25th September 2019. The Complainant was requested to contact the WRC and confirm whether he wished to proceed with his complaint. On 14th January 2022, the WRC made another unsuccessful attempt to contact the Complainant. The Complainant was informed that if he failed to respond to the latest communication within 21 days, in accordance with Section 48 of the Workplace Relations Act 2015, the Director General may decide to strike out the above complaints on the basis that he had not pursued the matter within the past 12 months. The Complainant reverted with what appeared to be a telephone number and email address. On 27th January 2022, a letter outlining the arrangements for the hearing scheduled on 1st March 2022 was sent to the parties. Neither party attended the hearing. However, it transpired that the Complainant might not have been properly notified of the arrangements for the hearing. Another letter was issued to the Complainant’s nominated representative (a friend) and the Respondent on 16th March 2022 with the arrangements for the hearing on 5th May 2022. Neither the Complainant nor his representative attended the hearing. The Respondent did not attend the hearing, albeit the Respondent’s representative was in attendance. |
Summary of Complainant’s Case:
There was no appearance by, or on behalf of, the Complainant to adduce evidence in support of his complaint. |
Summary of Respondent’s Case:
The Respondent’s representative was in attendance at the adjudication hearing. |
Findings and Conclusions:
A complaint was received by the Director General of the WRC on 21st January 2019. The said complaint was referred to me for investigation. A hearing for that purpose was held on 5th May 2022. There was no appearance by or on behalf of the Complainant at the hearing. |
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Having regard to the above 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. |
Dated: 26th May 2022
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Complainant did not attend- Employment Equality Acts |