ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00036410

Parties:

	Complainant	Respondent
Parties	Zeljko Pranjic	JEM Music House Limited t/a Pro Musica

Representatives

Mr Shane Kelly BL instructed by Hannon & Foley Solicitors

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000	CA-00047602-001	12/12/2021

Date of Adjudication Hearing: 15/11/2022

Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll

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 submitted a complaint under the Equal Status Acts 2000-2015 (the Acts) that the Complainant was discriminated against by the Respondent on the grounds of disability, in that the Complainant was exempt from wearing a mask during the Covid-19 pandemic but was nevertheless refused service at the Respondent’s shop.

Summary of Complainant’s Case:

The Complainant did not attend the hearing.

Summary of Respondent’s Case:

The Respondent attended the hearing.

Findings and Conclusions:

The Complainant failed to attend the hearing. I am satisfied that the Complainant was notified of the time, date and venue of the hearing. I find that the Respondent did not engage in prohibited conduct under the Acts due to a lack of evidence to suggest otherwise.

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.

Dated: 29-11-2022

Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll

Key Words:

Nonattendance of the Complainant, Equal Status Act 2000, mask wearing, disability.