ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053722
Parties:
| Complainant | Respondent |
Parties | Laurentia Lalau | John Haycock |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | Alex O Conor Threshold | Did not attend. |
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-00065539-001 | 22/08/2024 |
Date of Adjudication Hearing: 07/02/2025
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:
The complainant is a tenant, the respondent is a landlord. This complaint was received by the Workplace Relations Commission on 22nd August 2024. |
Summary of Complainant’s Case:
The complainant has been a tenant of the respondent since 5th May 2021. The complainant first requested the respondent supply information to complete their HAP application by WhatsApp on 01/09/2021 – the respondent did not reply to this request. Further requests were made by phone call were explicitly refused by the respondent who then ended the calls. The complainant made another request for the respondent to complete their side of the HAP application by email on 04/06/2024, this request was ignored. An ES1 form was sent to the respondent by registered post on 1st July 2024. No reply was received by the complainant who submitted her complaint to the Workplace Relations Commission on 22nd August 2024. By registered letter dated 7th August 2024 the complainant received a notice of termination of tenancy from the respondent’s solicitor. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing of the complaint. I am satisfied that the named respondent was notified of the hearing by letter dated 4th December 2024, such letter containing the date, time and venue for the scheduled hearing of the complaint. |
Findings and Conclusions:
In not completing the HAP form presented to him by the complainant the respondent landlord has discriminated against the complainant. Section 27 (1) of the Equal Status Act, 2000 reads as follows: 27(1) Subject to this section, the types of redress for which a decision of the Director General of the Workplace Relations Commission under section 25 may provide are either or both of the following as may be appropriate in the circumstances: (a) An order for compensation for the effects of the prohibited conduct concerned; or (b) An order that a person or persons specified in the order take a course of action which is so specified. I find that the complaint is well-found and now order the respondent to pay compensation of €4,800 to the complainant within 42 days from the date of this decision. |
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.
I find that the complaint is well-found and now order the respondent to pay compensation of €4,800 to the complainant within 42 days from the date of this decision. |
Dated: 10-02-25
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Equal Status Act; HAP |