ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000730
Complaint(s)/Dispute(s) for Resolution:
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-00001130-001 | 26/11/2015 |
Date of Adjudication Hearing: 23/05/2016
Workplace Relations Commission Adjudication Officer: Gerry Rooney
1. Procedure:
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(s)/dispute(s).
3. The Claimant’s Submission
This case refers to a claim made by Mr Alexandra Molle, a French national who alleged that he has been discriminated by his employer (the Respondent) contrary to Sections 6 and 8 of the Employment Equality Act, on the sexual orientation ground, and that the respondent treated him unlawfully by discriminating against him by dismissing him for discriminatory reasons.
The Claimant did not attend the hearing.
4. The Respondent’s Submission
The Respondent submitted by writing on 13 May 2016 that the claim was frivolous and vexatious, pursuant to Section 42(1) of the Workplace Relations Act 2015, where the claimant was copied on this correspondence.
The Respondent advised that on 20th May 2016 at 21:40 hours the Claimant informed the Respondent that he could not attend the hearing on 23rd May 2016. In this communication the Claimant stated to the Respondent that he maintained his complaint advising “the court will decide if my complain(t) deserves to be forwarded”. On foot of this correspondence the Respondent advised the Claimant that it would make an application before the Adjudication Officer to have the claim struck out pursuant to Section 42 of the Workplace Relations Act, and in accordance with section 5 of the Workplace Relations Commission’s procedures on the grounds of non-pursuit.
5. Decision
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Due to the fact that the Complainant did not attend the hearing, I find that the complaint fails due to lack of pursuit.
Dated: 29th July 2016