ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00052026

Parties:

Complaint:

Date of Adjudication Hearing:  16/05/2025

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Procedure:

This complaint was referred under Section 25 of the Equal Status Acts 2000-2018 to the Workplace Relations Commission (hereinafter ‘WRC’) on 23rd May 2024.  Following delegation to me by the Director General, I inquired into this complaint and gave the Parties an opportunity to be heard and to present any relevant evidence.  The Complainant was self-represented and the Respondent was represented by Ms Lucy Dwyer BL instructed by the Chief State Solicitor’s Office (CSSO).  When this complaint was first listed for hearing at Lansdowne House on 21st October 2024, both Parties were in attendance.  The hearing was held in public and the Parties were made aware that their names would be published within any decision.  The Complainant was granted an adjournment to make submissions confirming the grounds under which his complaint of discrimination had been brought.  He had indicated an intention to call witnesses in support of his complaint and the adjournment was also granted to accommodate same.  I confirmed with him that his postal address was correct. 

The matter was rescheduled for hearing at Lansdowne House on 16th May 2025.  The Complainant had not made any submissions or engaged with the WRC in the interim.  Having updated its submissions, Counsel and Solicitor for the Respondent were in attendance along with a witness.  There was no attendance by on or behalf of the Complainant.  I confirmed that he had received a suspended sentence in relation to a recent conviction for Social Welfare fraud from the same Respondent before the Dublin Circuit Criminal Court and hence was not incarcerated.  I further confirmed that he had been given notice of the hearing details by letter dated 27th March 2025 sent by ordinary pre-paid post to his correct address and that this had not been returned undelivered.  WRC Administration also confirmed that there had been no contact from the Complainant to indicate any difficulty attending or request a change of address.  I waited for a period of thirty minutes before excusing the Respondent.  I indicated that I would allow two weeks for the Complainant to contact the WRC with an explanation for his non-attendance and at that juncture, would consider whether to grant a further hearing.  In circumstances where the Complainant has made no further contact with the WRC to date, I have proceeded to issue my decision herein. 

Summary of Complainant’s Case:

The Complainant referred a complaint under Section 25 of the Equal Status Acts 2000-2018 to the WRC on 23rd May 2024 but did not provide submissions or attend at the hearing to pursue same.

Summary of Respondent’s Case:

Counsel, Solicitor and a witness behalf of the Respondent were all in attendance prepared to meet this complaint.  Detailed legal submissions and supporting documentation had also been submitted.

Decision:

Section 25 of the Equal Status Acts 2000-2018 requires that I make a decision in relation to this complaint in accordance with the requisite statutory provisions.  Parties are required to attend the hearing of their complaint/s before the WRC to pursue/rebut same.  I find the Complainant’s non-attendance at this hearing to pursue his complaint without any explanation to be unreasonable and constitutes an abandonment of same.  Accordingly, I find that there is no prima facie case of discrimination against the Respondent under any of the grounds and dismiss this complaint.

Dated:   17-06-25

Workplace Relations Commission Adjudication Officer:  Aideen Collard