ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045809
Parties:
| Complainant | Respondent |
Parties | Liam Stokes | Kilkenny Carlow and District Farm Relief Services Limited |
Representatives |
| Muireann McEnery, IBEC |
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-00034613-001 | 11/02/2020 |
Date of Adjudication Hearing: 09/08/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 any evidence relevant to the complaint. The hearing was held in the Workplace Relations Commission (WRC) Hearing Rooms in Carlow. The respondent and IBEC representative attended the hearing. The complainant did not attend the hearing. I phoned the complainant on the morning of the hearing to enquire as to whether he would be in attendance. He replied that he had been ill, had not been notified and that he would set out these grounds in seeking an adjournment. A letter was sent by the WRC to the complainant on 10th August 2023 requesting that he submit in writing any grounds for his adjournment application. No application was received by 7th September 2023.
Background:
The complainant submitted a complaint which was received by the WRC on 11th February 2020. The complainant did not attend the adjudication hearing to make out his case. The complainant was contacted by me on the morning of the scheduled hearing and then by letter the following day advising that he could make an adjournment application. No application was subsequently made. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. I am satisfied that the complainant was on notice of the hearing date and informed as to how to make a subsequent adjournment application. |
Summary of Respondent’s Case:
The respondent representative made a submission in advance of the hearing and attended the hearing along with the respondent to answer the complaint. |
Findings and Conclusions:
As the complainant did not attend the hearing to give evidence of his complaint and did not make an adjournment application setting out exceptional and substantial reasons for non-attendance, I find that the complaint is not well founded and that he was not discriminated against. |
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.
I find that the complaint is not well founded, and that the complainant was not discriminated against. |
Dated: 12/09/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
No appearance |