ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00033002
Parties:
| Complainant | Respondent |
Parties | Catherine Dunne | June’s Convenience Store Ltd T/A Fordstown Post Office |
Representatives | Self-represented | James O’Donnell BL instructed by Keaveny Walsh solicitors |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00043643-001 | 18/04/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00043844-001 | 02/05/2021 |
Date of Adjudication Hearing: 21/09/2022
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 18th April 2021, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Equal Status Act. On the 2nd May 2021, the complainant referred a second complaint regarding a different incident. The complaints were referred to adjudication on the 21st September 2022 and it was a hybrid hearing.
The respondent in this adjudication and ADJ-00032708 are the post office operator while the respondent in ADJ-00033005 is An Post.
The complainant attended the hearing and was accompanied by Neil Armstrong. The respondent was represented by James O’Donnell BL instructed by Michael Keaveny, solicitor. Adrian Corcoran attended in person while June Corcoran attended via video-link as witnesses for this respondent.
In accordance with section 25 of the Equal Status Act, 2000following the referral of the complaint to me by the Director, 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 complaints are of discrimination and harassment on grounds of disability in accessing a service. The complaints relate to incidents of the 3rd and 7th December 2020 when the complainant sought a service at the post office counter within the retail premises. |
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Summary of Complainant’s Case:
The complainant’s evidence, under affirmation, and cross-examination is set out in ADJ-00032708. |
Summary of Respondent’s Case:
The evidence of the respondent witnesses and their cross-examination is set out in ADJ-00032708. |
Findings and Conclusions:
As set out in ADJ-00032798, the respondents did not engage in prohibited conduct in respect of the complainant. For the reasons set out, there was no discrimination or harassment. |
Decisions:
Section 25 of the Equal Status Acts, 2000 – 2018 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under section 27 of that Act.
CA-00043643-001 I decide that the respondent did not engage in prohibited conduct. CA-00043844-001 I decide that the respondent did not engage in prohibited conduct. |
Dated: 13th January 2023
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Equal Status Act / prohibited conduct |