ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033977
Parties:
| Complainant | Respondent |
Parties | Áine Murphy | Fields Supervalu, Skibbereen |
Representatives | Self-represented | Collette McCarthy, Solicitor of Wolfe & Co. LLP Solicitors |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00044800-001 | 26/06/2021 |
Date of Adjudication Hearing: 25/01/2024
Workplace Relations Commission Adjudication Officer: Lefre de Burgh
Procedure:
In accordance with 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.
Background:
This case arises out of an incident which occurred on 23rd February 2021. The Complainant entered a supermarket in Skibbereen, Co. Cork and was not wearing a face mask. The Complainant alleges that the events which followed constitute discrimination within the meaning of the Equal Status Act 2000, on the grounds of disability and family status.
The complaint form indicates that the Complainant first contacted the Respondent in relation to the matter, through her Solicitor on 16/03/2021.
The Complainant submitted a notification to the Respondent, by registered letter, dated 27/05/2021, enclosing an ES2 form for completion.
The Respondent completed the ES2 form, in relation to the incident.
The Respondent denies the Complainant’s claims.
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Summary of Complainant’s Case:
The Complainant did not attend the hearing and was not represented. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was represented, at the hearing, by Ms. Colette McCarthy, Solicitor of Wolfe & Co. LLP Solicitors. |
Findings and Conclusions:
The complaint was received by the Director General of the Workplace Relations Commission on 26th June, 2021, whereby the Complainant alleged that the Respondent contravened the provisions of Equal Status 2000 in relation to her. The complaint was assigned the complaint application number CA-00044800-001. The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 25th January 2024, at 10.30 am in the Workplace Relations Commission’s offices in Cork. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the Complainant was on notice of the hearing by letter dated 23rd November 2023. When a party has not attended at the appointed date/time of a hearing, my approach is to allow a grace period of approximately fifteen (15) minutes, and then convene the hearing. I also requested the Case Officer ring the Complainant, which she did. The Case Officer informed me that she rang the Complainant twice, and that on each occasion the phone rang briefly and was then cut off. I then convened the hearing shortly after 10.45 am. I noted, at the hearing, that no appearance was entered by or on behalf of the Complainant. I then formally drew the hearing to a close. |
Decision:
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.
I find that as the Complainant was not in attendance to pursue the complaint, the complaint should be dismissed for want of evidence. |
Dated: 26th January 2024
Workplace Relations Commission Adjudication Officer: Lefre de Burgh
Key Words:
Equal Status; Face mask; Disability; Family Status; Health Act Regulations; Covid-19; |