ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033220
Parties:
| Complainant | Respondent |
Parties | Tariro Taruvinga | Cpl |
Representatives |
| Claire Bruton B.L. instructed by CC Solicitors |
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-00043956-001 | 08/05/2021 |
Date of Adjudication Hearing: 13/12/2022
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The first hearing in this case took place on July 5th, 2022, and was adjourned to allow the complainant to consider important evidence that had been submitted by the respondent only on the day of the hearing and then to revert to the WRC having done so.
There having been no further submission from the complainant the matter was re-scheduled for a hearing and the position unfolded as set out below. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. Emails from the solicitor previously acting on her behalf confirmed that she had been made aware of the arrangements for the hearing. |
Summary of Respondent’s Case:
The respondent was in attendance. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute. The said complaint was referred to me for investigation. The first hearing proceeded and heard evidence, including that of the complainant on oath. That hearing adjourned at the complainant’s request to enable her to consider late evidence submitted by the respondent. There was no appearance by or on behalf of the complainant at the resumed hearing. I am satisfied that the said complainant was sent notice by email to the email address provided on the complaint form of the date, time and place at which the hearing to investigate the complaint would be held. I am further satisfied from emails submitted at the hearing from the solicitor formerly acting for the complainant that she was aware of the arrangements for the hearing but did not attend. No explanation was received for her failure to do so. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
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 set out above complaint CA-00043956-001 is not well founded. |
Dated: 4th January 2023
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Equality, No Show by complainant |