ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040363
Parties:
| Complainant | Respondent |
Parties | Leon O'Connor | Macquaire Group limited |
Representatives |
| Catherine Hayes Solicitor Lewis Silkin Ireland |
Complaints:
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-00052476-001 | 27/08/2022 |
Date of Adjudication Hearing: 09/05/2023
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 (as amended) a complaint has been referred to the Director General of the Workplace Relations Commission who has in turn deemed it appropriate that the Complaint be investigated with any appropriate and/or interested persons to be provided with an opportunity of being heard. In these circumstances and following a referral by the said Director General, of this matter to the Adjudication services, I can confirm that I am an Adjudicator appointed for this purpose (and/or an Equality Officer so appointed). I confirm it I my obligation to make all relevant inquiries into the complaint. I must additionally and where appropriate hear the oral evidence of the parties and their witnesses and take into account the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.
An Adjudication Officer cannot entertain a complaint presented after the expiration of the period of six months beginning on the date of the contravention to which the complaint relates, or such other date as may be set out in Section 41(6) of the WRC Act of 2015. In limited circumstances, complaint presented outside the relevant period may be entertained if the failure to present was due to reasonable cause.
Where a person believes they have been discriminated against on one of the nine recognised grounds or in any other way has been treated unlawfully under the Employment Equality Acts they must write to the party that they believe has treated them unlawfully using the EE2 form asking for relevant information to determine their course of action. The proposed Respondent may reply by way of form EE3.
The Complainant herein has referred a matter for adjudication as provided for under Section 77 of the 1998 Act (as amended). In particular the Complainant (as set out in his Workplace Relations Complaint Form dated 27th of August 2022) seeks redress from the Respondent in circumstances where he claims his potential Employer behaved unlawfully and discriminated against him in the course of the interview/selection process for employment wherein he says that she was treated less favourably than another person has or would have been treated in a comparable situation on the grounds of his religious belief (as detailed in Section 6 of the 1998 Act (as amended)).
The Operative Section is Section 6 of the Employment Equality Act 1998 where :-
Sub Section 6 (1) For the purpose of this Act…discrimination shall be taken to occur where… a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of the grounds specified in subsection (2) (the “discriminatory grounds”).
Section 6 (2) As between any 2 persons the discriminatory grounds .. are…
(c) That one has a different religious belief from the other, or that one has areligious belief and the other has not.. (the “religion ground”)…
In the event that the Complainant is successful it is open to me to make an award of compensation and /or give direction on a course of action which might eliminate such an occurrence in the future (per Section 82 of the 1998 Employment Equality Act).
Background:
This hearing was conducted in person in the Workplace Relations Commission situate in Lansdowne Road. This was a hybrid hearing. To facilitate the Respondent, a remote connection was set up for one of it’s witnesses unable to attend in person. Remote attendance is provided for pursuant to the Civil Law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/2020 which said instrument designates the Workplace Relations Commission as a body empowered to hold remote hearings pursuant to Section 31 of the Principal Act. The said remote contact was set up and hosted by an appointed member of the WRC administrative staff. I am satisfied that the Complainant party was not prejudiced by having a part of this hearing conducted remotely. I am also satisfied that I was in a position to fully exercise my functions and I made all relevant inquiries in the usual way. Had evidence been given it would have been in compliance with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came intoeffecton the 29th of July 2021 and which accommodates situations where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint. In such circumstances, an oath or an affirmation may be required to be administered to any person giving evidence before me. It is noted that the giving of false statements or evidence is an offence. The Complaint herein was brought to the attention of the WRC on the 27th August 2022 and by way of a Complaint form submitted by the Complainant. |
Summary of Complainant’s Case:
The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 31st of March 2023 - and sent to the address provided by the Complainant on the workplace relations complaint form. From the Complaint form provided, I have discerned that the Complainant sought to establish he was discriminated against on the grounds of his religion. |
Summary of Respondent’s Case:
The Respondent was represented by a Solicitor. A number of witnesses made themselves available to give evidence. I was provided with a comprehensive submission. I understand that the Respondent intended fully defending the within complaint. |
Findings and Conclusions:
The Complainant did not attend. I was provided with no evidence by the Complainant and no case was made. I allowed time for the Complainant to attend but he did not present himself in Lansdowne House within thirty minutes of the allotted start time. A member of the WRC staff phoned the number provided. This call was answered but was hung up within a minute. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 CA-00052476-001 – The Complainant has not made a Prima Facie case that he was discriminated against. This complaint fails.
|
Dated: 29th May 2023
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words: