ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049523
Parties:
| Complainant | Respondent |
Parties | Janson Kelebeng | The Governors and Guardians of the Hospital for the Relief of Poor Lying-In Women, Dublin (commonly referred to as the Rotunda Hospital) |
Representatives | None in attendance | Ibec |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act 1998 | CA-00060843-001 | 30/12/2023 |
Date of Adjudication Hearing: 25/02/2025
Workplace Relations Commission Adjudication Officer: Kara Turner
Procedure:
In accordance with the Employment Equality Acts 1998 – 2015,following the referral of the case to me by the Director General, I investigated the case and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the case.
Mr Kelebeng (the “complainant”) did not attend the hearing arranged for 25 February 2025. Mr Mark Comerford of Ibec, representative for the Rotunda Hospital (the “respondent”), applied for the case to be dismissed for non-pursuit.
Background:
The complainant referred to the Commission a case under the Employment Equality Acts 1998-2015 (the “Acts”) with the specific complaint reference marked in respect of an employment agreement containing a discriminatory provision. However, the complaint specific detail provided reflected a claim under section 77 of the Acts. The respondent disputed the complainant’s allegations in their entirety and raised various preliminary issues. By email of 18 December 2024, the parties were notified of the hearing arrangements for 25 February 2025. The complainant acknowledged receipt of the hearing letter. By email of 14 February 2025, the Commission confirmed to the complainant that the hearing would proceed as scheduled on 25 February 2025. On 17 February 2025, the complainant responded to written submissions furnished by the respondent. |
Findings and Conclusions:
I attended the hearing arranged for 25 February 2025 as part of my investigation of this case. Personnel on behalf of the respondent organisation were in attendance. The complainant did not attend the hearing. After allowing some time for any delay on the part of the complainant, I closed the hearing. I am satisfied that the complainant was properly notified of the hearing arrangements in accordance with the contact information provided. The complainant did not contact the Commission to indicate any difficulty on their part in attending the hearing, or to explain their non-attendance. Based on the complainant’s non-attendance at the hearing, I must conclude that the claims against the respondent are not well founded. |
Decision:
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.
For the reasons set out above, my decision is that the claims are not well founded and that there was no contravention of the Employment Equality Acts 1998-2015. |
Dated: 4th March 2025
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Complainant’s non-attendance at hearing |