ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054103
Parties:
| Complainant | Respondent |
Parties | Danny Kavanagh | Health Service Executive HSE Services Primary Care GP Services |
Representatives |
| Employee Relations Department |
Complaints:
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-00065576-001 | 23/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 | CA-00065576-002 | 23/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00065576-003 | 23/08/2024 |
Date of Adjudication Hearing: 10/06/2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant submitted acomplaint to the Workplace Relations Commission on August 23rd, 2024. alleging that he has been discriminated against under the Equality Acts 1998, the Pensions Act1990andtheEqualStatus Act,2000. |
Summary of Complainant’s Case:
In the submission to the WRC on August 23rd, while the complainant outlines a number of issues on which he bases the complaints he did not provided any further detail or named comparators to support the claims of discrimination.
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent attended the hearing and submitted its detailed written responses to the complainant’s complaints. |
Findings and Conclusions:
The complainant did not attend the hearing which was scheduled to be heard online. He had engaged extensively with the WRC prior to the hearing and made various general submissions although not a statement supporting his complaints.
Following the hearing he contacted the WRC, initially stating that he had some technical difficulty in logging in, although he gave no prior indication that he needed assistance in that regard.
Sometime later there was further contact from him, this time implying that he had not been sent the log-in link. On investigating that latter suggestion, I am satisfied that it this was not true.
Therefore, I conclude and find as follows.
A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statutes and was referred to me for investigation. I am satisfied that the complainant consented to receiving correspondence by email and was sent notice in writing to the address provided on the complaint form of the date, time, and place at which the hearing to investigate the complaint would be held. He was also sent the relevant log in details. He failed to attend without reasonable cause. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly. |
Decision:
Part VII of the Pensions Acts, 1990 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Part.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
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.
For the reasons set out above none of the complaints CA-00065576-001, 002 and 003 are well founded. |
Dated: 26/06/2025.
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
No Show by complainant |