ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00031164

Parties:

Complaint:

Date of Adjudication Hearing:  24/05/2024

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Procedure:

This complaint was referred under Section 79 of the Employment Equality Acts 1998-2015 to the Workplace Relations Commission (hereinafter ‘WRC’) on 23rd November 2020.  As the last date of alleged discrimination indicated fell outside of the six-month time limit for referral to the WRC, by letter dated 11th January 2021, the Complainant was invited to apply for an extension of time if reasonable cause could be shown.  In the absence of any response, the matter was listed for hearing.  Following delegation to me by the Director General, I inquired into this complaint and gave the Parties an opportunity to be heard and to present any relevant evidence.  This complaint was listed for remote hearing on 24th May 2024.  There was no attendance on behalf of either Party.  I satisfied myself that the Parties had been properly notified of the hearing details.  I allowed a period of time to elapse and confirmed with the Administrative Section that there had been no application for an adjournment and no difficulty attending had been indicated by or on behalf of either Party. 

Summary of Complainant’s Case:

The burden of proof rested with the Complainant in relation to this complaint to show a prima facie case of discrimination.  The Complainant did not attend at the hearing on the scheduled hearing date to pursue this complaint or give evidence in discharge of the onus of proof.  Nor were any written submissions or supporting documentation submitted by or on behalf of the Complainant.

Summary of Respondent’s Case:

The Respondent did not attend at the hearing or make any written submissions in rebuttal.

Decision:

Section 79 of the Employment Equality Acts 1998-2015 requires that I make a decision in relation to this complaint.  I am satisfied that a letter dated 17th April 2024 had issued to the Complainant at the email address provided (noting that he may have moved address), confirming the date, mode and time of the hearing, and further, that he did not contact the WRC to seek a postponement or indicate any difficulty attending.  A reasonable period of time has elapsed since the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made to date.  In all the circumstances, I find the Complainant’s non-attendance at the hearing to pursue this complaint to be unreasonable and an abandonment of same.  Furthermore, the onus of proof rests with the Complainant in relation to this complaint.  In the absence of any evidence being adduced by or on behalf of the Complainant, I find that a prima facie case of discrimination has not been made out against the Respondent. 

Dated:   17/07/2024

Workplace Relations Commission Adjudication Officer:  Aideen Collard