ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045658
Parties:
| Complainant | Respondent |
Parties | Marcos Oliveira | Team Obair |
| Complainant | Respondent |
Parties | Marcos Oliveira | Team Obair |
Representatives | No Show | Managing Director |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00034770-001 | 21/02/2020 |
Date of Adjudication Hearing: 03/10/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015,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:
This case concern allegations of racial discrimination and harassment of an agency worker while working at a warehouse depot. On the facts and evidence given at the first day of hearing no case was made out against the Agency who employed this worker.
The narrative of the complaint named a supervisor who worked for the provider of agency work but not for the employment agency.
On the basis of the narrative on the complaint form, which specifically referred to the provider of agency work and to the allegation that his supervisor who worked for that party was the alleged perpetrator, a second day of hearing was scheduled and the provider of agency work put on notice of the complaint.
However, the Complainant failed to attend at the reconvened hearing. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
The Agency and Provider of Agency work were in attendance. |
Findings and Conclusions:
I am satisfied that the Complainant was properly notified of the date, time and place of the hearing and failed to attend. |
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.
Arising from the fact that the Complainant failed to attend, and the Respondents were in attendance and ready to rebut the allegations being made I must dismiss for non-attendance at the hearing. |
Dated: 09th November 2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |