ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040781
Parties:
| Complainant | Respondent |
Parties | Leon O'Connor | Engage People Recruitment |
| Complainant | Respondent |
Anonymised Parties |
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Representatives |
| BHSM LLP Solicitors |
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-00052150-001 | 04/08/2022 |
Date of Adjudication Hearing: 24/07/2023
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 (as amended) a complaint has been referred to the Director General of the Workplace Relations Commission who has in turn deemed it appropriate that the Complaint be investigated with any appropriate and/or interested persons to be provided with an opportunity of being heard. In these circumstances and following a referral by the said Director General, of this matter to the Adjudication services, I can confirm that I am an Adjudicator appointed for this purpose (and/or an Equality Officer so appointed).
An Adjudication Officer cannot entertain a complaint presented after the expiration of the period of six months beginning on the date of the contravention to which the complaint relates, or such other date as may be set out in Section 41(6) of the WRC Act of 2015. In limited circumstances, complaint presented outside the relevant period may be entertained if the failure to present was due to reasonable cause.
Where a person believes they have been discriminated against on one of the nine recognised grounds or in any other way has been treated unlawfully under the Employment Equality Acts they must write to the party that they believe has treated them unlawfully using the EE2 form asking for relevant information to determine their course of action. The proposed Respondent may reply by way of form EE3.
The Complainant herein has referred a matter for adjudication as provided for under Section 77 of the 1998 Act (as amended). In particular the Complainant (as set out in his Workplace Relations Complaint Form dated the 4th of August 2022) seeks redress from the Respondent in circumstances where he claims a prospective Employer (the Respondent) behaved unlawfully and discriminated against him in the getting of a job wherein he says that he was treated less favourably than another person has or would have been treated in a comparable situation on the grounds of his Religion (as detailed in Section 6 of the 1998 Act (as amended)).
The Operative Section is Section 6 of the Employment Equality Act 1998 where :-
Sub Section 6 (1) For the purpose of this Act…discrimination shall be taken to occur where… a person is treated less favourably than another person is, has been or would be treated In a comparable situation on any of the grounds specified in subsection (2) (the “discriminatory grounds”).
Section 6 (2) As between any 2 persons the discriminatory grounds .. are…
(e) That one has a different religious belief from th3e other or that one has a religious belief and the other has not… (the “religion ground”)…
In the event that the Complainant is successful it is open to me to make an award of compensation and /or give direction on a course of action which might eliminate such an occurrence in the future (per Section 82 of the 1998 Employment Equality Act).
Background:
This hearing was to be conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was to be conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing. Had evidence been given it would have been in compliance with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came intoeffecton the 29th of July 2021 and which accommodates situations where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint. In such circumstances, an oath or an affirmation may be required to be administered to any person giving evidence before me. It is noted that the giving of false statements or evidence is an offence. The Complaint herein was brought to the attention of the WRC on the 4th of August 2022 by way of a workplace relations complaint form. |
Summary of Complainant’s Case:
The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 1st of June 2023 - and sent to the address provided by the Complainant on the workplace relations complaint form. From the Complaint form provided, I have discerned that the Complainant seeks to establish that he was discriminated against by the Respondent Employer when the Respondent rejected an application made by him for a particular role. |
Summary of Respondent’s Case:
The Respondent attended the WRC on the appointed date. In addition to the legal team engaged to defend this matter, two witnesses from the Respondent company were also brought in to speak to the facts. A full and comprehensive written submission had also been provided before the hearing date. I understand that the Respondent intended defending the within complaint. |
Findings and Conclusions:
The Complainant did not attend and provided no reason for the failure to attend. A number of days has passed with no word from the Complainant. The Complainant has not made out Prima facie case or any case. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 CA-00052150-001 The Complainant was not discriminated against and the complaint fails.
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Dated: 01/08/2023
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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