EDA1836

FULL RECOMMENDATION

ADE/17/29
DEC-E2017-017 et-156323-ee-15

DETERMINATION NO. EDA1836

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015

PARTIES :

AN POST
(REPRESENTED BY ANTHONY KERR B.L.)

- AND -

THOMAS FINLASS
(REPRESENTED BY CLAIRE BRUTON B.L., INSTRUCTED BY RONAN DALY JERMYN SOLICITORS)

DIVISION :

Chairman:	Ms O'Donnell
Employer Member:	Mr Marie
Worker Member:	Ms Tanham

SUBJECT:

1.Appeal of an Adjudication Officer's Decision.

BACKGROUND:

2.The Employer appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 83(1) of the Employment Equality Acts 1998 to 2015. Labour Court hearings were held on 5th March 2018 and 28th June 2018. The following is the Determination of the Court:

DETERMINATION:

This is an appeal by An Post against Decision DEC-E2017-17 of an Adjudication Officer in a claim of discrimination on grounds of Disability brought by Thomas Finlass. The complaint was made pursuant to the Employment Equality Acts 1998-2015.

The Adjudication Officer found that the complaint was well-founded.

In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Mr Finlass is referred to as the Complainant and An Post is referred to as the Respondent.

A hearing of the Labour Court was scheduled to take place on the 28^thJune 2018. At that hearing the Complainant’s Representative indicated to the Court that she was withdrawing her submissions and was not tendering any evidence.

In those circumstances the Respondent’s appeal must succeed.

The Appeal is allowed and the Decision of the Adjudication Officer is set aside.

The Court so determines.

	Signed on behalf of the Labour Court

	Louise O'Donnell
6th July 2018	______________________
SC	Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.