ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00032043

Parties:

	Complainant	Respondent
Parties	Patrick Diatezua Tembe	Carechoice

Representatives

Complaint(s):

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-00042671-001	23/02/2021

Date of Adjudication Hearing: 13/05/2022

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 – 2015following 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:

The Complainant is a healthcare assistant working with the Respondent since 2019.

Summary of Complainant’s Case:

The Complainant alleges discrimination, dismissal and victimisation due to his family status. The Complainant complains of difficulties with facilitating his shifts to accommodate minding his children and that his shifts are now being withdrawn. He is losing income following an investigation.

Summary of Respondent’s Case:

The Respondent denies discrimination, dismissal and victimisation of the Complainant.

Findings and Conclusions:

The complaint was referred to me for investigation. A hearing for that purpose was held on 13th May 2022. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied the Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held.

In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the complaint fails.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

The complaint fails.

Dated: 13th January 2023

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

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