ADJUDICATION OFFICER DECISION.

Adjudication Reference: ADJ-00043955

Parties:

	Complainant	Respondent
Parties	Zbigniew Szewczyk	Dr Ashok Kureel

Representatives

Did not attend.

In person

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-00049136-001	11/03/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000	CA-00049136-002	11/03/2022

Date of Adjudication Hearing: 19/04/2023

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 Complainant is a tenant who rents a house from the Respondent. The Complainant contends that the Respondent is refusing to sign some forms that would assist the Complainant in his application for a Housing Assistance Payment.

This complaint, submitted under section 21 of the Equal Status Act, 2000 was received by the Workplace Relations Commission on 11th March 2022.

Summary of Complainant’s Case:

The Complainant did not attend the scheduled hearing of the complaint.

All information in relation to the arrangements for hearing the complaint were sent to the Complainant on 2nd March 2023.

Summary of Respondent’s Case:

The Respondent did attend the hearing and was fully prepared to present a defence against the complaint.

Findings and Conclusions:

As part of my investigation under section 25 of the Act, I am obliged to hold a hearing. I am satisfied that the Complainant was notified of the arrangements for the hearing. I find that the Complainant’s failure to attend such a hearing is unreasonable in the circumstances and that any obligation under section 25 of the Act has ceased.

As no evidence was given at the hearing in support of the allegation of discrimination, I conclude the investigation and find against the Complainant.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

As no evidence was given at the hearing in support of the allegation of discrimination, I conclude the investigation and find against the Complainant.

Dated: 11/05/2023

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Equal Status Act 2000.