ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035767
Parties:
| Complainant | Respondent |
Parties | Michelle Ameghino | Ann McCarthy |
Representatives |
| Catherine Murphy, Solicitor |
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-00046939-001 | 02/11/2021 |
Date of Adjudication Hearing: 12/10/2022
Workplace Relations Commission Adjudication Officer: John Harraghy
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(s).
The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
The remote hearing was scheduled for 12/10/2022. The respondents and their legal representative attended. There was no appearance by or on behalf of the complainant.
The complainant contacted the WRC by e-mail on the day prior to the hearing indicating that she was working and that she had submitted her evidence. She was advised that she was required to attend the meeting and present her case to the Adjudication officer and that submitting evidence was not sufficient. She was also advised that if she failed to attend a decision would be issued in her absence indicating that she did not attend.
There was no further contact from the complainant in relation to this matter.
I am satisfied that the complainant was issued with a letter by e mail on 11/08/2022 advising her of the date and time of the hearing. Details of the postponement process and requirements were also issued with this letter. Details of the log link were issued to the complainant in advance of the hearing.
In order to exercise a significant amount of caution I allowed a period of time to elapse before bringing the hearing to a close and there was no further communication received from or on behalf of the complainant to indicate that there were technical or other difficulties.
Background:
The complainant submits that she was discriminated against by the respondent by failing to complete the Housing Assistance Payment (HAP) process. The respondent refutes the complainant’s suggestion and submits that they have completed the process and the complainant is in receipt of the payment. They received the request for the HAP payment process on 10/05/2021 and submitted this to the relevant County Council on 11/08/2021. This short delay was explained to the complainant along with confirmation that they had no difficulty submitting or accepting HAP payments. The respondent submits that the complainant is in breach of her tenancy agreement and has built up a considerable amount of rent arrears. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the complainant at the remote hearing to pursue this complaint and/or to give evidence. |
Summary of Respondent’s Case:
The respondents and their legal representative attended the hearing and also provided the hearing with a comprehensive response to the complaint. |
Findings and Conclusions:
As there was no appearance by or on behalf of the complainant at the remote hearing to pursue these complaints and/or give evidence in relation to these complaints I conclude that both complaints are not well founded. |
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.
I am satisfied that the complainant was properly notified of the remoting hearing arrangements. I find that her non-attendance at the hearing to pursue this complaint to be unreasonable. In the absence of any evidence proffered by or on behalf of the Complaint I find this complaint seeking adjudication by the Workplace Relations Commission under Section 21 of the Equal Status Act, 2000 is not well-founded. |
Dated: 21st October 2022
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Housing Assistance Payment. Non-attendance. |