ADJUDICATION OFFICER DECISION
An Employee-V- An Employer (Represented by Declan Roberts Solicitors and
Mr A Kerr BL)
Adjudication Decision Reference: ADJ-00000891
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998
Date of Adjudication Hearing: 23/06/2016
Workplace Relations Commission Adjudication Officer: Gerry Rooney
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Act, 1998 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.
Complainant’s Submission and Presentation:
This claim refers to an employee (the Complainant) who contends that he was discriminated against in relation to a promotion opportunity, where contrary to Sections 6 and 8 of The Employment Equality Act, 1998 he contended he was discriminated against by reason of his gender, his family status, his age, and his race in that he was not promoted and not provided with training.
The claimant also contended that he was victimised and has been discriminated in relation to his conditions of employment.
The Complainant did not attend the hearing of his complaint herein which commenced as scheduled at 10am and concluded at 10:30am. I am satisfied that the Complainant was properly notified in writing of the location, time and date of the hearing at the address provided and further, that he did not contact the Workplace Relations Commission to indicate any difficulty attending or seek an adjournment. The Complainant therefore did not proffer any evidence in support of his complaint.
Respondent’s Submission and Presentation:
The Respondent attended the hearing and denied any complaints of discrimination as alleged by the claimant.
Furthermore, the Respondent asked that in light of the non-attendance of the Complainant that consideration be given to Section 99A of the Employment Equality Act 1998 where the Respondent contended that such non-attendance obstructed and impeded the Adjudication Office. As such the Respondent was seeking a reward of expenses for the traveling and attendance of one of its witnesses.
The Respondent did not submit a note of expenses incurred by the witness.
I find the Complainant’s non-attendance at the hearing to pursue his complaint unreasonable having regard to all the circumstances and therefore dismiss his claim for lack of prosecution.
In the absence of receipt of a fee for expenses I do not award the Respondent expenses.
Dated: 9th August 2016