ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040987
Parties:
| Complainant | Respondent |
Parties | Leon O'Connor | Bank of America Europe DAC BOFA Europe |
Representatives | No appearance by or on behalf of the Complainant | Niamh McGowan BL instructed by A & L Goodbody Solicitors |
Complaint:
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-00052248-001 | 12/08/2022 |
Date of Adjudication Hearing: 19 June 2023 & 11 September 2023
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 – 2015following 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 first hearing in this case was scheduled for 19 June 2023. The Complainant did not attend the hearing. The Respondent attended the hearing. After the hearing, I reviewed the correspondence in this case. I was not satisfied that the Complainant was properly on notice of the hearing, so I requested that the hearing be rescheduled. The hearing was rescheduled for 11 September 2023. The Complainant did not attend the rescheduled hearing. The Respondent attended the rescheduled hearing. |
Summary of Complainant’s Case:
The complainant did not attend the rescheduled hearing into his complaint. I am satisfied that the Complainant was on notice of the date, time and location of the rescheduled hearing. |
Summary of Respondent’s Case:
The Respondent presented a written submission in advance of the rescheduled hearing and attended the hearing with its legal representatives and witnesses and was available to provide its evidence in relation to the complaint. |
Findings and Conclusions:
As part of my investigation, I am obliged to hold a hearing. There was no appearance by the Complainant at the rescheduled hearing or explanation for his absence. I waited for twenty minutes before starting the hearing in case the Complainant had been delayed. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I conclude the investigation and find against the Complainant. |
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.
Based on the circumstances outlined above, and in the absence of any evidence to the contrary having been adduced before me, I conclude that the Complainant was not discriminated against pursuant to the Employment Equality Acts. I find that this complaint is not well founded. |
Dated: 26th September 2023
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
No appearance by or on behalf of the Complainant |