ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036159
Parties:
| Complainant | Respondent |
Parties | Marin Zorica | Dsd Carpentry Limited |
Representatives |
| Jack Fenton BL, instructed by S. Tierney Law Firm |
Complaint:
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-00047360-001 | 26/11/2021 |
Date of Adjudication Hearing: 12/01/2023
Workplace Relations Commission Adjudication Officer: Bríd Deering
Procedure:
In accordance with s 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:
This complaint was referred to the Workplace Relations Commission on 26 November 2021. A hearing scheduled for 14 September 2022 was postponed on the respondent’s application. A hearing was rescheduled for 12 January 2023. |
Summary of Complainant’s Case:
Notice of the hearing arrangements were sent to the complainant on 9 December 2022. The complainant did not attend the rescheduled hearing on 12 January 2023. The Workplace Relations Commission did not receive an explanation for the complainant’s non-attendance at the hearing. |
Summary of Respondent’s Case:
Personnel from the respondent company and counsel for the respondent attended the hearing and were ready to present their case. |
Findings and Conclusions:
The complaint was referred to me for inquiry. A hearing for that purpose was held on 12 January 2023. There was no appearance by the complainant at the hearing. The Workplace Relations Commission did not receive an explanation for the complainant’s non-attendance at the hearing. I am satisfied that a letter dated 9 December 2022 issued to the email address provided by the complainant in respect of this complaint, informing him of the date, time, and place of the hearing. No communication has been received by the complainant in the interim indicating any difficulty attending the hearing on 12 January 2023. In the circumstances and in the absence of any evidence to the contrary, I find that the complainant was not discriminated against. |
Decision:
Section 79 of the Employment Equality Acts 1998 – 2015 requires that I decide in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
I decide that the complainant was not discriminated against. |
Dated: 14th February 2023
Workplace Relations Commission Adjudication Officer: Bríd Deering
Key Words:
No show by the complainant. |