EQUAL STATUS ACTS
DECISION NO. DEC-S2018-011
File reference: ES/2013/0123
Date of issue: 23rd April, 2018
1.1 On the 15th October 2013, the complainant referred complaints pursuant to the Equal Status Acts against the Department of Social Protection and the Health Service Executive. The complainant asserts that she was discriminated against on the grounds of family status and also the subject of victimisation.
1.2 On the 28th March 2017, in accordance with his powers in Part III of the Equal Status Acts, the Director General of the Workplace Relations Commission delegated the case to me, Kevin Baneham, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director General under section 25 of the Acts, on which date my investigation commenced. In accordance with section 25(1) and as part of my investigation I proceeded to a hearing on the 29th March 2017. A representative of the first named respondent attended the hearing to meet the claim.
1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on the 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to the 1st October 2015, in accordance with section 83(3) of the Workplace Relations Act, 2015.
Findings and conclusions of the Equality Officer:
2.1 On the 24th March 2017, the complainant requested an adjournment on the grounds of needing more time to prepare for the case. In correspondence of the 27th March 2017, the Workplace Relations Commission indicated that adjournments were only granted in exceptional circumstances and notice of this hearing had been circulated to the parties on the 23rd January 2017. The request for an adjournment was not acceded to.
2.2 On the 29th March 2017, the hearing commenced in the presence of a representative of the first named respondent. The complainant was not present to advance her complaints of discrimination and victimisation. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under the Equal Status Act has ceased. As no evidence was given at the hearing in support of the allegations of discrimination and victimisation, I conclude the investigation and find against the complainant.
3.1 I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under the Equal Status Act has ceased. As no evidence was given at the hearing in support of the allegations of discrimination and victimisation, I conclude the investigation and find against the complainant.
Equality Officer / Adjudication Officer
23rd April, 2018