ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037676
Parties:
| Complainant | Respondent |
Parties | Niall Buckley | J&j Vision Care |
Representatives |
| Claire Bruton, BL instructed by Michelle Ryan Ronan Daly Jermyn Solicitors |
Complaint(s):
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-00049032-001 | 07/03/2022 |
Date of Adjudication Hearing: 14/10/2022
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
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:
Although I am satisfied that the Complainant was on notice of the time and date of the hearing, he did not attend to give evidence in relation to his complaint. In addition, the complainant in this case was in contact with the WRC on the evening before the hearing and he was advised that the hearing was proceeding as scheduled the next day.
On the day of the hearing a grace period was allowed to enable the complainant to attend or make contact with the WRC. When no contact was made with the WRC, within a half an hour of the scheduled start time the hearing was opened and closed.
No correspondence has been received from the complainant in the intervening period. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent was in attendance at the hearing and had arranged for three witnesses to travel to Ennis for the hearing of this matter together with its legal advisors and Counsel. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute and was referred to me for investigation. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the complainant was in receipt of the hearing notification which set out the date, time, and place at which the hearing to investigate the complaint would be held. In addition, the complainant was in contact with the WRC on the evening before the hearing and was advised that the hearing was proceeding as scheduled the next day. The complainant has offered no explanation for his absence. Accordingly, I find that the complainant has failed to establish a prima facie case of discrimination in respect of this claim. |
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 the complainant failed to attend the hearing and thus has failed to establish a prima facie case of discrimination in respect of this claim. |
Dated: 28th October 2022
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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