ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026824
Parties:
| Complainant | Respondent |
Parties | Mark J. Savage | Bracken Court Hotel |
Representatives | Non-Appearance | Hotel Manager |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00034337-001 | 03/02/2020 |
Date of Adjudication Hearing: 05/04/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Affirmation or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
1: Background:
The complaint concerned an allegation that the Complainant had been Discriminated against by the Respondent on the grounds of his religious beliefs, Discriminated on the provision of goods and Services and Discriminated in the provision of Accommodation. |
2: Summary of Complainant’s Case:
The Complainant did not attend the Hearing and no evidence was presented. |
3: Summary of Respondent’s Case:
The Respondent was not asked to go into rebuttal evidence as no case had been made against them. |
4: Findings and Conclusions:
As no Complainant evidence was presented the case could not proceed. Accordingly, the case has to be deemed Not Well Founded and cannot proceed. It is deemed Dismissed. The Adjudication Officer was satisfied that proper notice of the date, time and place of the Hearing had been served on all Parties.
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4: Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
CA-00034337-001
The case is deemed Not Well Founded.
Dated: 26/04/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Religious Discrimination , Discrimination / Provision of Accommodation/Goods and Services |