ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039915
Parties:
| Complainant | Respondent |
Parties | Robert McDonagh | Atlantic Troy Limited Charleville Park Hotel |
Representatives | Michael Cunningham, O'Carroll & Co. Solicitors | Thelma McMahon |
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-00051469-001 | 01/07/2022 |
Date of Adjudication Hearing: 21/07/2023
Workplace Relations Commission Adjudication Officer: Orla Jones
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.
Background:
The complaint concerns a claim of discrimination on grounds of membership of the Travelling Community. Representations were received from the complainant’s representative seeking that this claim and a related claim in respect of the same incident be heard together. Accordingly, this claim and ADJ reference ADJ-00039914 were scheduled to be heard together on 21 July 2023.
In a letter from the WRC dated 27 June 2023, the Complainant was informed of the date, time, and place of the Hearing. The letter also set out the procedure regarding postponement requests.
On 20 July 2023 and again on 21 July 2023, the complainant’s representative contacted the WRC seeking a postponement of the hearing in respect of the related claim bearing the reference ADJ-00039914 and was advised that any such application at such a late stage would have to be made in person before the Adjudicator. He was also advised that the hearing of both claims would proceed as scheduled. On the day of the hearing no appearance was made by or on behalf of the complainant in either case.
When the Complainant did not attend the Hearing on 21 July 2023, a generous grace period was allowed to enable the Complainant to attend or contact the WRC. He did not do so. |
Summary of Complainant’s Case:
The complainant did not attend the hearing and no evidence was adduced at the hearing. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
As part of my investigation under Section 25 of the Equal Status Acts, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing. I find that there was no evidence adduced in respect of the claim at the scheduled hearing and that any obligation under Section 25 has ceased. As no evidence was adduced in respect of the claim, I conclude the investigation and find against the complainant. |
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.
As no evidence was adduced in respect of the claims, I conclude the investigation and find against the complainant. |
Dated: 13/09/2023
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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