ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00023821

Parties:

	Complainant	Respondent
Parties	Laura Fernandes	Ebay Europe Service Limited

Representatives

No appearance

Mason Hayes & Curran

Complaints:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00030468-001	25/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00030469-001	25/08/2019

Date of Adjudication Hearing: 30/03/2023

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Procedure:

In accordance with Section 79 of the Employment Equality Acts, 1998 – 2015,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant was employed by the Respondent from 2nd July 2018 until 27th February 2019 as an “eBay@home Customer Experience Teammate”, a customer service role, based fully remotely. The Complainant alleges that she was discriminated against on the race ground by her former employer. The Complainant also alleges that she was victimised by her former employer and was discriminated against in relation to her terms and conditions of employment.

Summary of Complainant’s Case:

The Complainant did not attend the Adjudication hearing and was not represented.

Summary of Respondent’s Case:

The Respondent attended the Adjudication hearing. The Respondent submitted that as neither the Complainant nor her representative was in attendance to pursue the complaints, the complaints should be dismissed for want of evidence.

Findings and Conclusions:

The complaints were received by the Director General of the Workplace Relations Commission on 25th August 2019 whereby the Complainant alleged that her employer had contravened the provisions of the Employment Equality Act 1998, in relation to her. The complaints were assigned the complaint application numbers CA-00030468-001 and CA-00030469-001 respectively.

The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 30th March 2023. There was no appearance by or on behalf of the Complainant, at the hearing.

As neither the Complainant nor her representative was in attendance to pursue the complaints, the complaints are dismissed for want of evidence.

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.

In all of the circumstances of the matter, I must conclude that the within complaints (CA-00030468-001 and CA-00030469-001) are not well-founded and I decide accordingly.

Dated: 21st April 2023

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Key Words:

Employment Equality; Race; Victimisation; No appearance;