ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005116
| Complainant | Respondent |
Anonymised Parties | A shopper | A retailer |
Representatives | Máire Devine Senator in Seanad Éireann |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00006876-001 | 29/08/2016 |
Date of Adjudication Hearing: 09/08/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000, 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.
Background:
The complaint refers to an allegation of discrimination on the ground of sexual orientation by a way of a refusal of service. The complaint was made by a mother on behalf of her teenage son. The complaint was made against a retail store in Dublin. The complaint referred to an incident which allegedly took place on the week commencing 13th June 2016. The complaint was received by the WRC on 29th August 2016. A hearing took place on 9th August 2017 in Lansdowne House.
Preliminary Matter
As way of background the representative for the respondent submitted that the company has hundreds of stores operating as independently owned franchised stores under a particular group symbol.
The representative for the respondent submitted that they were not the correct respondents in this matter as they play no part in the running or management of the store in question. The respondent wrote to the complainant's mother on 7th September 2016 informing her of this
The respondent's representative also submitted that the respondent does not provide the service as described by the complainant.
The complainant's representative stated that she had contacted the shop at which the alleged incident had taken place and that this should be sufficient for the case to go ahead.
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
The party named in the Complaint Form as the respondent is the wrong respondent. The complainant was made aware of this in time to amend the complaint but did not do so.
As the wrong respondent was impleaded the complaint as made must fail.
Dated: 12th Sept 2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Wrong respondent |