ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054127
Parties:
| Complainant | Respondent |
Parties | Keith McEvoy | Pi Comms |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | Did not attend hearing | Did not attend hearing |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00054826-001 | 01/02/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00054826-002 | 06/09/2024 |
Date of Adjudication Hearing: 05/12/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The complainant is employed by the respondent. Two complaints were received by the Director General of the Workplace Relations Commission, the first complaint submitted under section 21 of the Equal Status Act, 2000 and received on 1st February 2023 and the second complaint, submitted under section 77 of the Employment Equality Act, 1998 and received on 6th September 2024. |
Summary of Complainant’s Case:
The complainant did not attend the scheduled hearing of the complaint. I am satisfied that the complainant was notified of all arrangements pertaining to the scheduled hearing. |
Summary of Respondent’s Case:
The respondent did not attend the scheduled hearing of the complaint. I am satisfied that the respondent was notified of all arrangements pertaining to the scheduled hearing. |
Findings and Conclusions:
Two complaints were received by the Director General of the Workplace Relations Commission, the first complaint submitted under section 21 of the Equal Status Act, 2000 and received on 1st February 2023 and the second complaint, submitted under section 77 of the Employment Equality Act, 1998 and received on 6th September 2024 alleging that the complainant, Mr Keith McEvoy, had been discriminated against by his employer in contravention of provisions contained within same Acts. As part of my investigation under section 79 of the Employment Equality Act 1998 and section 25 of the Equal Status Act 2000, I am obliged to hold a hearing. I am satisfied that both the complainant and respondent were notified of the arrangements for the hearing. Neither the complainant nor the respondent attended the scheduled hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 of the Employment Equality Act and section 25 of the Equal Status Act has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant. The complaints are not well founded. |
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.
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.
The complaints are not well founded. |
Dated: 09th of December 2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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