ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033860
Parties:
| Complainant | Respondent |
Parties | Sacha Haverty | Colette Danaher |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | The claimant did not attend and was not represented at the hearing | John O'Neill John O'Neill & Company Solicitors |
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-00044827-001 | 28/06/2021 |
Date of Adjudication Hearing: 08/08/2022
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 25 of the Equal Status Act, 2000, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
The claimant did not attend and was not represented at the hearing. |
Summary of Respondent’s Case :
The respondent denied any prohibited conduct.The respondent submitted there was no jurisdiction to hear the case as the complaint was out of time.The respondent further contended that the complainant had failed to serve her with an ES1 form and that consequently there was no jurisdiction to hear the complaint.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. 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.
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Dated: 19/06/2023
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words:
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