ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039675
Parties:
| Complainant | Respondent |
Parties | Roberto Alamazani | Susie Flanagan |
| Complainant | Respondent |
Representatives | The complainant did not attend. | Chief State Solicitors Office. Representative of the respondent. |
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-00051221-001 | 19/06/2022 |
Date of Adjudication Hearing: 24/04/2023
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
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 respondent attended the hearing.
The complainant did not attend the hearing.
The Chief State Solicitor’s Office and the Department of Social Protection attended the hearing
Background:
The complainant submitted a complaint on 19/6/2022 that the respondent had contravened the provisions of the Equal Status Acts 2000-15 in relation to him.
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Summary of Complainant’s Case:
The complainant did not attend the hearing |
Summary of Respondent’s Case:
The respondent and their representative, the Chief Sate Solicitor’s office attended the hearing. The respondent requested that the complaint be struck out for failure to attend the hearing and for failure to follow the WRC procedures. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission from the complainant on the 19/6/2022 alleging that the respondent had contravened the provisions of the Equal Status Acts 2000-15 in relation to him. A hearing for that purpose was held on 24/4//2023. The complainant emailed the WRC two hours before the hearing stating that he was ill and couldn’t attend. No detail or medical evidence was submitted on that date. The WRC advised the complainant of the postponement procedures. The complainant failed to institute these procedures. I am satisfied that the said complainant was informed of the means of keeping his complaint in being and failed to do so. He submitted a medical certificate dated the 2/5/2023, the date he was seen by the doctor, and eight days after the hearing, stating that he had been unfit to work on the 24/4/2023. In accordance with section 48 of the Workplace Relations Act 2015 as amended, I strike out this complaint for want of pursuit.
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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.
I strike out this complaint in accordance with section 48 of the Workplace Relations Act 2015 as amended. |
Dated: 22nd May 2023
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Key Words:
No show. |