ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033951
Parties:
| Complainant | Respondent |
Parties | Anna Kenny | Brian Duff Broadmeadow Equestrian Centre |
Representatives | No show | Domhnall Ó Scanaill Ó Scanaill & Co. Solicitors |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00045103-001 | 07/07/2021 |
Date of Adjudication Hearing: 20/09/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
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:
The Complainant makes out that she was banned from the Respondent’s Equestrian Centre arising from an incident that occurred at the centre where it is alleged that a family member was injured. The Complainant has stated that arising from her Family Status she has been discriminated against. The Respondent stated that the complaint is misconceived as the complaint of victimization only arises where the Complainant would have initiated, appeared as a witness or given evidence under the Equal Status Act 2000 as amended.
On or about the day of the hearing the Complainant contacted the Commission to inform them that she would not be attending arising from a prior commitment.
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Summary of Complainant’s Case:
A hearing was arranged for 20th of September 2022 to hear evidence in this case and the Complainant failed to attend. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was ready to present their case. |
Findings and Conclusions:
The complaint was referred to me for investigation. A hearing for that purpose was held on the 20th of September 2022. There was no appearance by the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time, and place of the hearing. In these circumstances and in the absence of any evidence to the contrary, I determine that the Respondent did not engage in prohibited conduct and dismiss the complaint. |
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.
The complaint was referred to me for investigation. A hearing for that purpose was held on the 20th of September 2022. There was no appearance by the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time, and place of the hearing. In these circumstances and in the absence of any evidence to the contrary, I determine that the Respondent did not engage in prohibited conduct and dismiss the complaint. |
Dated: 24th October 2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |