ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00051273

Parties:

Complaint:

Date of Adjudication Hearing:  17/07/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 21 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:

The Complainant sought assistance from his landlord for his application for a Housing Assistance Payment (HAP) and the landlord refused to sign any forms in connection with the application.

Summary of Complainant’s Case:

The Complainant was paying €1,200 per month rent for his family to live in the rented house.   It became difficult to pay the rent due to some medical difficulties.  When he asked the landlord to help with his housing assistance payment application to Social Protection, the landlord became angry, refused to have anything to do with filling out paperwork.   The maximum amount of HAP entitlement for the period was €877.50 per week.  Loss incurred over the time was €7,897.50.             The Complainant sought assistance from the landlord on 30 November 2023 and advised him on 9 December 2023 that he would have to seek redress for discrimination.  No reply was received.  

Summary of Respondent’s Case:

The Respondent was notified of the time, date and platform for the hearing, but did not attend.

Findings and Conclusions:

Section 3 (2) of the Act provides that discrimination shall be taken to have occurred when a person is treated less favourably than another on 9 grounds. 

Section 3 (2) (3B) provides:

“For the purposes of section 6(1) (c), the discriminatory grounds shall in addition to the grounds specified in subsection (2) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8), housing assistance (construed in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014) or any payment under the Social Welfare Acts and the other is not (the “housing assistance ground”.)

Section 6(8) defines rent supplement as a payment made under S.198(3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable by a person in respect of his or her residence.

I find that the Respondent has discriminated against the Complainant by treating him less favourably on the “housing assistance” ground.

By refusing to co-operate with the Complainant in the matter of application, the Respondent Landlord has contributed to a loss of entitlement for the Complainant causing him financial hardship. 

In accordance with Section 27 of the Equal Status Act 2000, I make an order for compensation of €10,000 for the effects of discrimination and I require that the Respondent pays this sum to the Complainant within 42 days of the date of this decision.

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 have decided that the Respondent has discriminated against the Complainant by treating him less favourably on the “housing assistance” ground.  I require him to pay to the Complainant the sum of €10,000 compensation within 42 days of this decision.

Dated:   30-07-2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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