ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041123
| Complainant | Respondent |
Anonymised Parties | {A Service User} | {A Public Sector Body} |
Representatives |
|
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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-00052360-001 | 22/08/2022 |
Date of Adjudication Hearing: 17/11/2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 25 of the Equal Status Act, 2000following 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:
The Complainant is a service user in homeless accommodation. |
Summary of Complainant’s Case:
The Complainant is in homeless accommodation since January 2019. His son was diagnosed with autism in November 2020 when he applied for medical priority. He applied on the form and sent an occupational therapist and social worker report. Following a solicitor’s letter sent to the Respondent he discovered the form was released in April 2021. He was granted medical priority for a four bed, after eighteen months which is a huge delay. The family are currently living in a two bedroom apartment, with no back garden which is unsuitable for his son. He complains that he has been discriminated against since 27th July 2022 due to his son’s medical disability, family status and membership of the travelling community. |
Summary of Respondent’s Case:
The Respondent denies the allegations of the Complainant. |
Findings and Conclusions:
I have heard and considered the submissions of the parties. As the complaint involves sensitive medical issues of a third party, I am anonymising the identity of the parties to the decision. This case was first listed for hearing on 23rd June 2023. The Respondents application for an adjournment was refused. The Complainant believed the first hearing was adjourned. The complaint was then listed for a further hearing date on 17th November 2023. On 17th November 2023, there was no appearance by or on behalf of the Complainant. I am satisfied that notice of the hearing was served on the Complainant. In the absence of evidence by or on behalf of the Complainant, I find the complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that 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.
I find the complaint is not well founded. |
Dated: 31st of July 2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Discrimination, homeless, traveller status, disability |