ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046713
Parties:
| Complainant | Respondent |
Anonymised Parties | A Reservations Agent | A Hotel |
Representatives |
| Tiernan Lowey B. L., instructed by Martyna Rekosiewicz of ARAG Legal Protection |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00053710-003 | 11/11/2022 |
Date of Adjudication Hearing: 08/12/2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
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. The parties were afforded the opportunity to examine and cross-examine each other’s evidence. All evidence was given under oath or by affirmation.
Preliminary Issue
The complainant made a complainant under the Employment Equality Acts alleging discriminatory dismissal and discrimination in relation to training. She failed to cite any of the discriminatory grounds. The respondent raised a preliminary issue that the complainant could not pursue such a complaint if no discriminatory ground was cited. When asked at the hearing the complainant was unable to say which of the discriminatory grounds applied to her complaint. In these circumstances I conclude that the complainant is unable to establish a prima facie complaint under the Employment Equality Acts. |
Findings and Conclusions:
I find that as she has cited none of the discriminatory grounds the complainant is unable to establish a prima facie complaint of discrimination under the Employment Equality Acts and the complaint fails. |
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.
For the reasons given above I find that as she has cited none of the discriminatory grounds the complainant is unable to establish a prima facie complaint of discrimination under the Employment Equality Acts and the complaint fails. |
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Dated: 13th December2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
No discriminatory ground |