ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041005
Parties:
| Complainant | Respondent |
Parties | Rafael Romani Vida Leal | Blackrock Health Unlimited t/a Blackrock Clinic |
Representatives |
| Fergus Dwyer of IBEC |
Complaint(s):
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-00052249-005 | 15/08/2022 |
Date of Adjudication Hearing: 15/06/2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
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. The parties were afforded an opportunity to examine and cross-examine each other’s evidence. All evidence was given under oath or by affirmation.
Background:
The complainant referred a complaint under the Employment Equality Acts in relation to conditions of employment, harassment, discriminatory dismissal and victimisatory dismissal. He failed to indicate under which of the discriminatory grounds these complaints fell. |
Summary of Complainant’s Case:
When asked which of the grounds he was citing in his complaint under the Employment Equality Acts the complainant said none of them applicable |
Summary of Respondent’s Case:
The respondent submits that as none of the grounds were cited then this complaint, under the Employment Equality Acts, should be deemed to be withdrawn. |
Findings and Conclusions:
The complainant referred a complaint under the Employment Equality Acts in relation to conditions of employment, harassment, discriminatory dismissal and victimisatory dismissal. He failed to indicate under which of the discriminatory grounds these complaints fell. When asked at the hearing under which of the discriminatory grounds the complaints fell the complainant confirmed none of them were applicable. In these circumstances the complainant is unable to establish a prima facie case of discrimination. |
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.
As the complainant had not cited any of the discriminatory grounds I find he is unable to establish a prima facie case of discrimination. |
Dated: 20/09/2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
Employment Equality Acts – no grounds cited |