ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049706
Parties:
| Complainant | Respondent |
Parties | Theresa Chimamkpam | Technological University Of Dublin |
Representatives | Denis Daly BL instructed by ODERA & Co Solicitors | Laura Kerin 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-00060968-001 | 12/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00060968-002 | 12/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00060968-003 | 12/01/2024 |
Date of Adjudication Hearing: 21/11/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, followingthe 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.
The Complainant attended the hearing along with her legal representatives. Mr Daly BL sought an adjournment on the basis that he had only recently been instructed in the matter and needed time to prepare submissions. The Respondent strongly objected to this postponement on the basis both that no advance notice had been given and the Complainant had successfully sought to have the matter adjourned on a previous occasion.
In the absence of any cogent reasons having been presented by the Complainant’s representative to explain why the submissions had not been furnished, I declined the postponement request. The Complainant’s representative then stated that they would not be able to proceed and would not be presenting any evidence.
Background:
The Complainant commenced her employment as a Lecturer with the Respondent on 15 September 2015. She stated in her complaint form that she was discriminated against on the grounds of race. |
Summary of Complainant’s Case:
CA-00060968-001: The Complainant did not present any evidence in respect of this complaint. CA-00060968-002: The Complainant did not present any evidence in respect of this complaint. CA-00060968-003: The Complainant did not present any evidence in respect of this complaint. |
Summary of Respondent’s Case:
CA-00060968-001: As the Complainant did not present any evidence, the Respondent did not present any evidence in respect of this complaint. CA-00060968-002: As the Complainant did not present any evidence, the Respondent did not present any evidence in respect of this complaint. CA-00060968-003: As the Complainant did not present any evidence, the Respondent did not present any evidence in respect of this complaint. |
Findings and Conclusions:
CA-00060968-001: As the Complainant did not present any evidence, I find that she failed to establish a prima facie case of discrimination in respect of this complaint. CA-00060968-002: As the Complainant did not present any evidence, I find that she failed to establish a prima facie case of discrimination in respect of this complaint. CA-00060968-003: As the Complainant did not present any evidence, I find that she failed to establish a prima facie case of discrimination in respect of this complaint. |
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.
CA-00060968-001: As she failed to establish a prima facie case of discrimination in respect of this complaint, I find that the Complainant was not discriminated against. CA-00060968-002: As she failed to establish a prima facie case of discrimination in respect of this complaint, I find that the Complainant was not discriminated against. CA-00060968-003: As she failed to establish a prima facie case of discrimination in respect of this complaint, I find that the Complainant was not discriminated against. |
Dated: 25th March 2025.
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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