ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043724
Parties:
| Complainant | Respondent |
Parties | Carolina Hennessy | Thomas Duffy |
| 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-00054037-001 | 05/12/2022 |
Date of Adjudication Hearing: 01/12/2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 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:
The Complainant is a tenant in the Respondent’s property. |
Summary of Complainant’s Case:
The Complainant alleges discrimination on the grounds of civil and family status and housing assistance since 8th July 2022. She alleges she is being harassed, threatened and has made false allegations against her. The Complainant says the property is below standard, need significant repairs and has black mould. She served a form ES1 on the Landlord on 18th August 2022. |
Summary of Respondent’s Case:
The Respondent says he inspected the property and expected the Tenant to pay rent. He signed the HAP form and the Complainant cancelled this when she left the country and left three children in the house. The Residential Tenancies Board has made an order to evict the Complainant and found the notice of termination of 2 September 2021 is valid. There are substantial rent arrears owing and the Tenant has been ordered to pay these. A copy of the RTB Order of 15th March 2023 was provided. The Respondent applied to strike out the complaint and says the RTB are enforcing the order to evict the Complainant. |
Findings and Conclusions:
I have heard and considered the written and oral submissions of the parties. The first hearing of this complaint was scheduled on 6th July 2023 when there was no appearance by or on behalf of the Complainant. The complaint was re-listed for hearing on 1st December 2023 following contact by the Complainant that she did not receive notification of the hearing which issued by post. At the rescheduled hearing on 1st December 2023, there was no appearance by or on behalf of the Complainant. In the absence of attendance by or on behalf of the Complainant, I must conclude 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.
The complaint is not well founded. |
Dated: 10-09-24
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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