EDA2333

1. Appeal Of Adjudication Officer Decision No(S) ADJ-00032959 CA-00043603-001.

BACKGROUND:

2. The worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 83(1) of the Employment Equality Acts 1998 to 2015 on 8th August 2022. A Labour Court hearing was held on 24th August 2023. The following is the Determination of the Court:

DETERMINATION:

Ms. Fenek, ‘the Complainant’, is a former employee of EMEA Limited. ‘the Respondent’.

The Complainant lodged a complaint with the Workplace Relations Commission under the Employment Equality Acts 1998-2005, alleging discrimination against her by the Respondent on the disability ground.

An Adjudication Officer decided that the complaint was not well founded.

The Complainant appealed to this Court.

A hearing of the appeal was arranged for 24 August 2023. On the evening prior to the hearing, the Complainant requested a postponement of the hearing ‘due to family reasons’. This postponement was refused, and the Complainant was advised that a request of this sort should be made at the scheduled hearing and would be granted only in exceptional circumstances.

The Complainant failed to attend the hearing to present her appeal.

The Court is satisfied that she was aware of the time, date and venue for the hearing.

As no appeal was presented, the Court can determine only that the decision of the Adjudication Officer must be upheld.

The Decision of the Adjudication Officer is upheld.

	Signed on behalf of the Labour Court
	Tom Geraghty
CDK	______________________
24 August 2023	Deputy Chairman