ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002019
Complaint for Resolution:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00002736-001 | 20/02/2016 |
Date of Adjudication Hearing: 16/05/2016
Workplace Relations Commission Adjudication Officer: Patsy Doyle
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 on April 26, 2016 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:
The Complainant lodged a complaint with the Workplace Relations Commission on 20 February, 2016. The complaint referred to a period of 8 days that the complainant had worked as a kitchen porter at the respondent hotel.
The complainant worked a 17.5 hr week. He contended that he had been discriminated against by his employer on grounds of disability, in relation to training and by his dismissal.
The Complainant did not submit a written submission in support of his claim; neither did he attend the hearing.
Respondent’s Submission and Presentation:
The Respondent denied all claims of discrimination.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
I am satisfied that both parties were notified of the correct time and place assigned to the hearing .As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing into the matters complained of .
On the morning of the hearing, I allowed a reasonable waiting period in the event of an unexplained delay. The Complainant did not attend, nor furnish an explanation for his non attendance.
In light of his non attendance, I was unable to hear evidence in this case .The Respondent was aggrieved at having to take time out of a busy schedule to attend the hearing, but made it clear that his team attended in good faith.
I have therefore concluded my investigation and I find against the complainant in relation to his complaints on discrimination in relation to the Employment Equality Acts and in particular to his stated complaints .
1 Disability as defined in section 2 of the Act.
2 In relation to discrimination in relation to section 6(2) (g) of the Act in terms of access to training.
3 In relation to dismissal on discriminatory grounds in relation to section 8 of the Act.
Dated: 13th July 2016