ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047825
Parties:
| Complainant | Respondent |
Parties | Ruairí McGovern | Sligo County Council |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | Ruairí McGovern | Amanda Kane Local Government Management Agency (LGMA) |
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-00058902-001 | 19/09/2023 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The complainant competed for a position with the respondent in a competition for the position of Clerical Officer .He submitted that he was discriminated against on the grounds of disability in the competition and identified the 17th.August 2023 as the most recent date of discrimination. In his complaint form, the complainant submitted that when he received feedback on his interview scores he was not happy with the results and submitted that the scores failed to take into account his experience and academic qualifications .He considered the scores to have been an expression of discrimination. The complaint was scheduled for hearing on the 15th.February 2024 but was cancelled when the claimant advised the WRC that the adversarial situation would be difficult and stressful and he wished to have the adjudication made in his absence on the basis of the information received . The WRC wrote to the claimant on the 26th.Feb. 2024 and the 16th.April 2024 indicating that the complaint may be dealt with by way of written submission only. No response was received and the claimant was advised on the 29th.July 2024 that as no written submissions had been received a decision that the complaint fails for lack of prosecution would issue after 21 days, if no response was forthcoming. No further communication was received from the complainant. |
Summary of Complainant’s Case:
No documentation was furnished on behalf of the claimant to enable to complaint to be dealt with by way of written submission. |
Summary of Respondent’s Case:
The respondent furnished a written response to the complaint on the 8th.Feb. 2024. The respondent refuted the complaint and submitted that their recruitment process was fair and that disability was not a consideration in the process. It was submitted that the interview panel had determined that the claimant met the required standard in 5 categories but failed to meet the standard required for one category and consequently could not be placed on the panel. It was submitted that no act of discrimination had taken place and that no facts had been established by the complainant to support the complaint of discrimination. The respondent requested that the complaint be dismissed on the basis that there was no breach of the Act, |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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 claimant failed to furnish documentation to enable the case to be determined by written submission, the complaint fails for lack of prosecution. |
Dated: 09/10/2024
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words:
|