ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035820
Parties:
| Complainant | Respondent |
Parties | Alice Robinson | Drogheda Youth Development |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | No Appearance | Ms. Lisa Conroy, Peninsula Business Service (Ireland) Limited |
Complaint:
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-00046736-001 | 19/10/2021 |
Date of Adjudication Hearing: 13/09/2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
In accordance with 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:
On 19th October 2021, the Complainant referred the present complaint to the Commission. A hearing in relation to the same was convened for 13th September 2022. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
On 11th September 2022, less than 48 hours prior to the scheduled hearing, the Complainant emailed the Commission stating that she was unable to attend the hearing due to “work commitments”. On foot of the same she requested that the same be re-scheduled to a later date. At this point the Complainant was provided with the documentation regarding a formal request for postponement, nevertheless no such request was forthcoming.
In circumstances whereby the request to postpone was received so close to the scheduled hearing and that the same was grounded on somewhat abstract terms, the request was denied and the matter proceeded in the absence of the Complainant.
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Summary of Complainant’s Case:
As set out above the Complainant did not attend the hearing. As such no sworn evidence was received in support of the Complainant’s allegations. |
Summary of Respondent’s Case:
The Respondent attended the hearing and stated that they were prepared to defend the allegations. The Respondent was attended by three witnesses in this regard, and their representative. In circumstances whereby the Complainant did not attend to prosecute the complaints, they submitted that the same must fail. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute her complaint, or provide sworn evidence in support of the same, I find that the same is not well-founded and that no discrimination occurred. |
Decision:
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.
I find that no discrimination occurred and that the complaint is not well-founded. |
Dated: 28th October 2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |