ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036678
Parties:
| Complainant | Respondent |
Parties | Keith Dunne | Dhl Supply Chain (Ireland) Limited |
Representatives | N/A | 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-00047815-001 | 22/12/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00047815-002 | 22/12/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00047991-001 | 05/01/2022 |
Date of Adjudication Hearing: 03/11/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 – 2015, followingthe 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.
Despite having been notified of the time and date of the hearing, the Complainant did not attend on the day to give evidence. The Respondent’s representative was present on the day.
Background:
In the complaint forms submitted to the WRC on 22 December 2021 and 05 January 2022, the Complainant alleged that the Respondent discriminated against him when they failed to afford him reasonable accommodation in respect of his disability. In addition, he asserted that he was discriminated against on the grounds of his disability when the Respondent reduced his pay. He also alleged that the Respondent did not pay him what he was contractually obliged to receive. |
Summary of Complainant’s Case:
The Complainant did not attend on the day to give evidence. |
Summary of Respondent’s Case:
As the Complainant did not attend to give evidence, the Respondent did not present any evidence. |
Findings and Conclusions:
In the absence of any evidence having been presented by the Complainant on the day of the hearing, I must find that the complaints are not well founded and cannot succeed. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under section 82 of the Act.
CA-00047815-001: I find that the Complainant was not discriminated against for the reasons set out above. CA-00047815-002: I find that the Complainant was not discriminated against for the reasons set out above. CA-00047815-003: I find that this complaint is not well founded for the reasons set out above. |
Dated: 28th March 2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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