ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046625
Parties:
| Complainant | Respondent |
Parties | Siobhan O'Connor | Fitzpatick's Supervalu |
Representatives | Did not attend | Alan Ledwith BL instructed by RDJ LLP |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00057603-001 | 09/07/2023 |
Date of Adjudication Hearing: 01/05/2024
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 as amended, 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 commenced her employment with the Respondent in October 2021 on a part-time basis. She resigned her position on or around 2 July 2023.
On 9 July 2023, the Complainant referred a complaint to the Director General of the WRC alleging that she was discriminated against by the Respondent by reason of her disability.
The Respondent rejects the claim.
There was no attendance by, or on behalf of, the Complainant at the adjudication hearing. Correspondence informing the parties of the arrangements for the adjudication hearing issued on 12 March 2024. The contact details used were those provided by the Complainant to the WRC. The Complainant consented to the WRC communicating with her by electronic means (email) including the serving or giving notices / documents. I am, therefore, satisfied that the Complainant was properly notified of the arrangements for the adjudication hearing.
As of the date of the drafting of this decision there has been no communication forthcoming from the Complainant as to the reasons for her non-attendance.
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Summary of Complainant’s Case:
There was no attendance by, or on behalf of, the Complainant to adduce any evidence in support of her claim. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 12 March 2024 - and emailed to the email address provided by the Complainant on the WRC complaint form. From the complaint form provided, I have discerned that the Complainant alleged that she was discriminated against by the Respondent on the grounds of disability.
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Summary of Respondent’s Case:
The Respondent furnished a written submission on 29 April 2024. The Respondent and its witnesses attended the adjudication hearing to defend the claim. |
Findings and Conclusions:
The Complainant did not attend and, therefore, did not exercise her right to prosecute her claim against the Respondent entity. |
Decision:
Section 79 of the Employment Equality Acts, 1998 as amended requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
I declare this complaint to be not well founded. |
Dated: 28th May 2024
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Disability discrimination – non attendance |