ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035421
Parties:
| Complainant | Respondent |
Parties | Mark J. Savage | Musgrave Operating Partners Limited Trading As Supervalu |
Representatives | Did not attend. | Ms Ruth Mylotte BL instructed by Ms Katie Doyle, Mason Hayes & Curran. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00046491-001 | 01/10/2021 |
Date of Adjudication Hearing: 07/10/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 complaint submitted under section 21 of the Equal Status Act, 2000 was received by the Workplace Relations Commission on 01st October 2021. |
Summary of Complainant’s Case:
The Complainant did not attend for the scheduled hearing of the complaint. Correspondence containing the date, time and venue for the hearing were sent to the Complainant on 8th August 2022. |
Summary of Respondent’s Case:
The Respondent attended the scheduled hearing and was prepared to present a defence against the complaint. |
Findings and Conclusions:
As part of my investigation under section 25 of the Equal Status Act, 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 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. |
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 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.
As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the Complainant. |
Dated: 11th October 2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Equal Status Act, 2000. |