ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026179
Parties:
| Complainant | Respondent |
Parties | Lebam Macaw | The Book Cafe |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
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-00033475-001 | 21/12/2019 |
Date of Adjudication Hearing: 18/11/2024
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with 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:
This claim seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 was submitted on 21st of December 2019 and was referred to me for investigation. A hearing took place on 18th of November 2024, and I am satisfied that the complainant was in receipt of the hearing notification which set out the date, time, and place at which the hearing to investigate the complaint would be held.
The complainant prior to the hearing emailed the WRC stating that she would not be attending the scheduled hearing. The commission replied indicating that if she was unable to attend the hearing the complainant would need to apply for a postponement in accordance with the Commissions postponement procedures.
The complainant did not attend the scheduled hearing and failed to submit an application in accordance with the Commissions postponement procedures.
On the day of the hearing a grace period was allowed to enable the complainant to attend or contact the WRC. When no contact was made with the WRC, within a half an hour of the scheduled start time the hearing was opened and closed.
No correspondence has been received from the complainant in the intervening period.
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Summary of Complainant’s Case:
The complainant did not attend the hearing of this complaint. |
Summary of Respondent’s Case:
The respondent attended the hearing, |
Findings and Conclusions:
The complainant did not attend the hearing of this matter. I am satisfied that the complainant was in receipt of the hearing notification which set out the date, time, and place at which the hearing to investigate the complaint would be held. The complainant prior to the hearing emailed the WRC stating that she would not be attending the scheduled hearing. The commission replied indicating that if she was unable to attend the hearing the complainant would need to apply for a postponement in accordance with the Commissions postponement procedures. The complainant did not attend the scheduled hearing and failed to submit a postponement application in accordance with the Commissions postponement procedures. No correspondence has been received from the complainant in the intervening period. Section 38A of the Equal Status Act, 2000, sets out the burden of proof that rests on a complainant and states as follows: 38A.—(1) Where in any proceeding’s facts are established by or on behalf of a person from which it may be presumed that prohibited conduct has occurred in relation to him or her, it is for the respondent to prove the contrary. As the complainant did not attend the hearing, no facts have been established from which it may be presumed that prohibited act has occurred. Accordingly, I am satisfied that the complainant failed to attend the hearing and thus has failed to establish a prima facie case of discrimination in respect of this claim. |
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.
Accordingly, I am satisfied that the complainant failed to attend the hearing and thus has failed to establish a prima facie case of discrimination in respect of this claim. |
Dated: 29th of November 2024
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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