ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00033170
Parties:
| Complainant | Respondent |
Parties | Cristina Marcu | Neylons Facility Management |
Representatives | Did not attend. | Robin Hyde, Alastair Purdy & Co, Solicitors. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00043934-001 | 06/05/2021 |
Date of Adjudication Hearing: 13/05/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and/or 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.
Background:
This complaint was received by the Workplace Relations Commission on 6th May 2021. The Complainant was employed as a cleaning operative by the Respondent. Employment commenced on 14th January 2021 and ended on 19th March 2021. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. I am satisfied that the Complainant was notified for the arrangements for the remote hearing. |
Summary of Respondent’s Case:
The Respondent was in attendance and in a position to present a full defence against the complaint. |
Findings and Conclusions:
As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. I am satisfied that the Complainant was notified for the arrangements for the remote hearing. I find that the Complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the Complainant. The complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
The complaint is not well founded. |
Dated: 24th May 2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
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