ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040799
Parties:
| Complainant | Respondent |
Parties | Suzanne O'Reilly | University College Dublin |
Representatives |
| Niamh Daly of IBEC |
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-00052199-001 | 11/08/2022 |
Date of Adjudication Hearing: 02/06/2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 – 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was formerly an employee of the Respondent. She alleged she was discriminated on the basis of family status and victimised. Her complaint appears to cover her employment with the Respondent in late 2021 and then her subsequent attempts to rejoin the staff of the Respondent following her applying for open recruitment competitions.
The Complainant emailed the Workplace Relations Commission at 1.45pm on the 1st of June 2023 stating “Would you have any update? I won’t be able to make it tomorrow I’m afraid.” The WRC responded later that evening clarifying that the hearing would go ahead.
The Respondent attended the hearing fully prepared to defend their case with oral and written evidence.
I allowed for a further 30 minutes in case the Complainant might attend. She did not. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing and failed to present her case. |
Summary of Respondent’s Case:
The Respondent refuted the Complainant’s claim and attended the hearing. They provided detailed written submissions and had a number of witnesses prepared to give evidence. |
Findings and Conclusions:
The Complainant did not attend the hearing. There is no doubt that she was on notice of the hearing and still chose not to attend. In the circumstances I am of the view that the case could not proceed without her and must fail. |
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.
I find that the complaint is not well founded. |
Dated: 15th June 2023.
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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