ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00042414
Parties:
| Complainant | Respondent |
Parties | Roberto Alamazani | Tesco Ireland Limited |
Representatives |
| Eimear Greenhalgh, Ibec |
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-00053057-001 | 30/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00053177-001 | 10/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00053178-001 | 10/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00053179-001 | 10/10/2022 |
Date of Adjudication Hearing: 16/08/2023 and 01/12/2023
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Procedure:
In accordance with section 79 of the Employment Equality Acts 1998-2015 as revised, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the Parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
On 30 September 2022 and 10 October 2022, the Complainant submitted a number of complaints to the Director General of the Workplace Relations Commission (the “WRC”), alleging that the Respondent contravened the Employment Equality Acts 1998-2015 as revised.
The Hearing was first scheduled for 16 August 2023. The Complainant did not attend the Hearing. A Colleague Relations Partner and a Deputy Manager attended the Hearing for the Respondent. The Respondent’s Representative also attended the Hearing. On 17 August 2023, I learned that the Complainant had left a voicemail with the WRC on the morning of the Hearing, indicating that he could not attend the Hearing due to medical reasons. Later that same day, the Complainant emailed a medical certificate to the WRC. In view of these developments, the Hearing was rescheduled for 1 December 2023. |
Summary of Complainant’s Case:
The Complainant did not attend the Hearing. |
Summary of Respondent’s Case:
A Colleague Relations Partner and a Deputy Manager attended the Hearing for the Respondent. The Respondent’s Representative also attended the Hearing. The Respondent’s correct name was confirmed and is noted in this Decision. |
Findings and Conclusions:
On 30 September 2022 and 10 October 2022, the Complainant submitted a number of complaints to the Director General of the WRC, alleging that the Respondent contravened the Employment Equality Acts 1998-2015 as revised. As outlined above, the Hearing was first scheduled for 16 August 2023. The Complainant subsequently provided a medical certificate, confirming that he could not attend due to medical reasons. In the circumstances, the Hearing was rescheduled. In a letter from the WRC dated 23 October 2023, the Complainant was informed of the details of the rescheduled Hearing to take place on 1 December 2023. The letter also set out the procedure regarding postponement requests. The Complainant did not request a postponement. When the Complainant did not attend the Hearing on 1 December 2023, a grace period was allowed to enable the Complainant to attend or contact the WRC. He did not do so. I am satisfied that the Complainant was on notice of the Hearing. As there is no evidence that the Respondent contravened the Employment Equality Acts 1998–2015 as revised, I must conclude that the complaints are not well founded. |
Decision:
Section 79 of the Employment Equality Acts 1998-2015 as revised, requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00053057-001 – Complaint under the Employment Equality Act 1998-2015 as revised: For the reasons set out above, this complaint is not well founded. CA-00053177-001 – Complaint under the Employment Equality Act 1998-2015 as revised: For the reasons set out above, this complaint is not well founded. CA-00053178-001 – Complaint under the Employment Equality Act 1998-2015 as revised: For the reasons set out above, this complaint is not well founded. CA-00053179-001 – Complaint under the Employment Equality Act 1998-2015 as revised: For the reasons set out above, this complaint is not well founded. |
Dated: 10/01/2024
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Key Words:
Non-attendance. |