ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033341
Parties:
| Complainant | Respondent |
Parties | Pat Shanahan | Waystone |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Shona Ryan |
Complaints:
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-00044095-003 | 14/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 19 of the Carer's Leave Act 2001 | CA-00044095-004 | 14/05/2021 |
Date of Adjudication Hearing: 15/02/2023
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 – 2015 following the referral of the complaints 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 hearing was conducted remotely in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant’s complaints were received by the Workplace Relations Commission on 14 May 2021.
The Respondent’s written submissions were filed in advance of the hearing on 30 January 2023 and furnished to the Complainant. |
Summary of Complainant’s Case:
There was no appearance at the hearing by the Complainant. Having waited a reasonable time period of 15 mins after the start time, I reviewed the file and noted emails from the Complainant dated the date before the hearing and the morning of the hearing. At all times the Complainant was advised by the WRC to attend the hearing and make any application he may have to the Adjudication Officer. I am satisfied that he was on notice and aware of the hearing time and date. |
Summary of Respondent’s Case:
The Respondent appeared with representation and witnesses at the hearing. |
Findings and Conclusions:
On the basis the Complainant did not appear to set out his claim, I find the complaints are not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
I find the complaints are not well founded. |
Dated: 02nd of August 2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Equality – Carers Leave – No Appearance |