ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038039
Parties:
| Complainant | Respondent |
Parties | Thomas Conway | Shorcontrol Safety Limited |
Representatives | Did not attend | Orlaith Byrne of Orlaith J Byrne & Co. |
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-00048847-001 | 24/02/2022 |
Date of Adjudication Hearing: 20/09/2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 & 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.
Background:
The issue in contention was an allegation of Discrimination, under the Equal Status Act, 2000 on the claimed grounds of Religion and Disability. He alleged that he was refused Reasonable Accommodation for his Disability which was his medical exemption from having to wear a face mask. |
1: Summary of Complainant’s Case:
The Complainant did not attend the Oral Hearing. It an e-mail after the date he stated that he had simply not realised the date. |
2: Summary of Respondent’s Case:
As there was no appearance from the Complainant at the Hearing the Respondent did not go into evidence. |
3: Findings and Conclusions:
The Complainant was properly notified and was aware of the Hearing date. A post hearing communication that he had missed the day, was not, in the view of the Adjudication Officer, a reasonable explanation. Accordingly, the case has to be set aside on the basis of a non-appearance by the Complainant , despite being properly notified. The case has not been properly made out. |
4: Decision:
CA: 00048847-001
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.
The case has not been properly made out.
The Complaint fails.
Dated: 7th March, 2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Equal Status Act, Mask Wearing. |