ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047347
Parties:
| Complainant | Respondent |
Parties | Niklaus Joseph Tunstall | St. Vincents Private Hospital |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | Did not attend. | Adrian Norton IBEC |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00055605-001 | 14/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00055605-002 | 16/05/2023 |
Date of Adjudication Hearing: 15/02/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 79 of the Employment Equality Acts, 1998 – 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
Two complaints were received by the Workplace Relations Commission: CA – 00055605 – 001 – a complaint submitted under s.77 of the Employment Equality Act 1998 – received by the Workplace Relations Commission on 14th March 2023. CA – 00055605 – 002 - a complaint submitted under s.8 of the Unfair Dismissals Act 1977 – received by the Workplace Relations Commission on 16th May 2023. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of the complaints. |
Summary of Respondent’s Case:
The Respondent did attend the scheduled hearing and was in a position to present a defence. |
Findings and Conclusions:
CA – 00055605 – 001 As part of my investigation under section 79 of the Acts, I am obliged to hold a hearing. I am satisfied that the Complainant was notified of the arrangements for the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under section 79 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant. CA – 00055605 – 002 As part of my investigation under section 8 of the Act, I am obliged to hold a hearing. I am satisfied that the Complainant was notified of the arrangements for the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under section 8 has ceased. As no evidence was given at the hearing in support of the allegations of unfair dismissal, I conclude the investigation and find against the complainant.
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Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA – 00055605 – 001 As part of my investigation under section 79 of the Acts, I am obliged to hold a hearing. I am satisfied that the Complainant was notified of the arrangements for the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under section 79 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant. CA – 00055605 – 002 As part of my investigation under section 8 of the Act, I am obliged to hold a hearing. I am satisfied that the Complainant was notified of the arrangements for the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under section 8 has ceased. As no evidence was given at the hearing in support of the allegations of unfair dismissal, I conclude the investigation and find against the complainant.
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Dated: 17/09/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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