FULL RECOMMENDATION
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015 PARTIES : HSE EXECUTIVE HBS, HR - AND - MR KEVIN STANLEY DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No(s). ADJ-00018997 CA-00024546-001. The Adjudication Officer decoded that the Appellant’s complaint had been made out of time and consequently did not uphold the compliant. The Appeal Hearing and conclusion of the Court. The Appellant did not attend the hearing of the Court. The Court is satisfied that the Appellant was properly notified as regards the date, time and venue for the hearing of his appeal. The Appellant had, in his appeal documentation, indicated that he would require interpretation to be provided for him at the hearing of the Court. On 1stApril 2022 the Court Secretary assigned to the hearing of the Court confirmed to the Appellant that “I have been made aware of the requirement for an Irish Sign Language Interpreter during the hearing and will be making arrangements for same”. Approximately 25 minutes before the scheduled time for the commencement of the hearing on 20thApril 2022, the Appellant replied to the Court Secretary’s mail of 1stof April to say that he was not sure if an interpreter has been arranged and to say that he would be present at the hearing if he knew there would be an interpreter and the name of that interpreter.The Appellant, in the event, did not attend the hearing. The Court does not accept that, following the mail of 1stApril from the Secretary to the Court, the Appellant could have been or was in any doubt that the requested facility of interpretation was to be provided. In the circumstances, the Court does not accept that any rational basis was proffered by the Appellant for his non-attendance at the hearing scheduled to hear his appeal. The Court notes that a substantial submission was made by the Respondent who appeared at the hearing of the Court. The Court therefore concludes that the Appellant did not attend the hearing and as a result was not in a position to move his appeal. In those circumstances the Court concludes that the appeal must fail and the decision of the Adjudication Officer is affirmed. Decision The decision of the Adjudication Officer is affirmed. The Court so decides.
NOTE Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary. |