ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034668
Parties:
| Complainant | Respondent |
Parties | Jacqueline Fitzmaurice | Bobby Byrnes Gastro Pub |
Representatives |
| Self-represented |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00045562-001 | 06/08/2021 |
Date of Adjudication Hearing: 13/01/2023
Workplace Relations Commission Adjudication Officer: Moya de Paor
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000,following 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.
The Complainant did not attend at the hearing. Fiona Byrne and Bobby Byrne both Directors with the Respondent attended the hearing, on behalf of the Respondent.
Background:
The complaint was received by the Workplace Relations Commission on 06/08/2021. The Commission notified the Respondent and enclosed a copy of the complaint on 30/08/2021.
A hearing was scheduled for 13/01/2023. The Complainant was notified of the hearing date on the 17/11/2022 at the address provided in the complaint form. There was no attendance at the hearing by, or on behalf of, the Complainant. No communication was received from the Complainant to give a reason for her non-attendance.
The case concerns a complaint under the Equal Status Acts that the Complainant entered the Respondent’s shop premises on 14/06/2021 without a mask and approached the counter to buy something to get cash back. The Complainant was not wearing a mask and was told by the shop assistant that she was not allowed into the shop without a mask and was allegedly ordered to leave the shop. The Respondent denies the claim. |
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Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of this complaint. Notice of the hearing date and arrangements was sent to the Complainant on 17/11/2022 by way of email at the address furnished by the Complainant on the complaint form. The Complainant provided consent to the Commission to receive all communication by email and had communicated with the Commission through email on previous occasions. The Workplace Relations Commission has not received any explanation from the Complainant for her non-attendance at the hearing. |
Summary of Respondent’s Case:
Fiona Byrne and Bobby Byrne attended on behalf of the Respondent. |
Findings and Conclusions:
A complaint pursuant to the Equal Status Act, 2000 was received by the Workplace Relations Commission on 6/08/2021. The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 13/01/2023. There was no attendance by the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. This notification was sent to the address provided on the complaint form. No correspondence was received from the Complainant to explain her non-attendance. In the circumstances and in the absence of direct evidence from the Complainant, I must conclude that the complaint is not well-founded. |
Decision:
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.
For the reasons set out above, I declare this complaint to be not well founded. |
Dated: 23/03/2023
Workplace Relations Commission Adjudication Officer: Moya de Paor
Key Words:
Non attendance - |