ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049526
Parties:
| Complainant | Respondent |
Parties | Janson Kelebeng | Dicey's Garden Club Dicey's |
Representatives | Did not attend | Company Management |
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-00060848-001 | 30/12/2023 |
Date of Adjudication Hearing: 06/06/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 complaint, submitted under section 21 of the Equal Status Act, 2000, was received by the Workplace Relations Commission on 30th December 2023. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of the complaint. I am satisfied that a letter dated 10th April 2024 was sent to the Complainant. This letter contained all arrangements for the hearing of the complaint i.e., date, venue and time that the hearing would take place. |
Summary of Respondent’s Case:
The Respondent did attend the scheduled hearing of the complaint and was fully prepared to present a full defence against the complaint. I note that approximately 6 of the Respondent’s employees were present to give evidence at the hearing. |
Findings and Conclusions:
The hearing was scheduled to take place on Thursday 6th June 2024 at 11.00am. The Complainant failed to attend this scheduled hearing. On Saturday 8th June 2024 the Complainant sent an email to the Workplace Relations Commission stating that he had made a mistake and thought the hearing was taking place on 6th July 2024. I note that 6th July is a Saturday. On Monday 10th June 2024 the Complainant telephoned the Case Officer to enquire if his email had been received. The Case Officer informed the Complainant that she had passed his message to the Adjudication Officer who would decide the matter. I have considered the explanation offered by the Complainant regarding his non- attendance at the hearing and believe it does not meet a level of reasonableness that would allow the re-scheduling of the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly.
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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.
In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly.
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Dated: 20th June 2024.
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Equal Status Act 2000. |