Complainant

Respondent

Parties

David  Lipper

Tommy Madden

Representatives

Self-represented

Self-represented

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00076530-001

17/10/2025

This case is one of two linked cases (ADJ-00063633 and ADJ-00063579) wherein the Complainant and his wife were interested in viewing a rental property and were informed that no HAP (Housing Assistance Payment) was accepted. The correspondence was between the Respondent and the Complainant in this case (ADJ-00063579).

It was submitted that this was in breach of the Equal Status Act 2000, as amended.

Statutory Requirement of Notification

No ES1 form was submitted as part of the bundle of documents/correspondences submitted to the WRC in respect of this complaint.

The Adjudication Officer enquired of the Complainant, at hearing, in respect of the statutory requirement for notification, under the applicable legislation, and whether or not it had been fulfilled; and, in particular, whether or not it an ES1 form had been sent to the Respondent.

Having heard the Adjudication Officer’s explanation of the requirement of notification, and what an ES1 form was, the Complainant gave evidence at hearing that he had sent one to the Respondent. He said that he had a copy of all the documents he had sent at home, and sought an opportunity to submit a copy to the WRC. The Adjudication Officer afforded the Complainant that opportunity within a prescribed time-frame. However, what the Complainant submitted was an ES1 form he filled in subsequent to the hearing (and dated accordingly) and which he sent in to the WRC.

Substantive case

The Complainant took the oath and gave evidence on his own behalf, at hearing.

He outlined that he spotted an ad for a rental property, available for a period of five (5) months, on a home rental website. He and his wife were interested in renting it – they are current rental tenants, in receipt of housing assistance payment (HAP). When the Complainant made an inquiry as to the property, he was told that no HAP was accepted.

He outlined that he thought that was discriminatory. He said it has been stressful. He said he found it upsetting to be told that ‘no HAP’ was accepted. He said that it is a legal right for the HAP to be accepted. He said that for the Respondent to ‘make it out to be something like no smoking, he made nothing of it’ was wrong. He also said that he felt ‘ignored’ by the Respondent, ‘from start to finish.’

He said that he felt there was a ‘disregard for HAP tenants’, that the Respondent ‘doesn’t care that he has discriminated against HAP tenants.’ The Complainant further highlighted the Respondent’s failure to attend at the WRC hearing.

He said that he was seeking an apology and compensation.

The Respondent did not attend the hearing and was not represented.

The complaints were received by the Director General of the Workplace Relations commission on 17th October July 2025, whereby the Complainant alleged that the Respondent contravened the terms of the Equal Status Act 2000 (as amended), with respect to Housing Assistance Payment (HAP), in relation to him.

The complaint was assigned the following complaint application number: CA-00076530-001.

The said complaint was referred to me for investigation.

A hearing for that purpose was arranged for 16th April 2026.

Statutory requirement of ES1 form or otherwise notified

The purpose of the provisions set out in s. 21 of the Equal Status Act 2000 (as amended), with respect to notification, is to provide the Respondent with an opportunity to respond to the allegation raised against it. There is also a requirement that the notification be in written form (typically by ordinary letter).

I am satisfied that the message the Complainant sent to the Respondent on 16th October 2025 informing him that he would be making a complaint to the WRC does not meet those requirements. I have had regard to the decisions of DEC-S2007-039 Tracey O'Brien & Frances McCarthy V. Ruaraí 's Bar, Tralee and DEC-S2010-031 Andrew Ennis V. Navan O'Mahony's Football and Hurling Club, when considering the issue of statutory notification.

I find that the Complainant did not provide the Respondent with notification which is sufficient, in form and format, to meet the statutory requirement as set out under s. 21 of the Equal Status Act 2000, prior to the filing of the WRC complaint.

It also appears that the Complainant has confused the ES1 form under the Equal Status Act 2000 (or ‘otherwise notified’), with the Equal Status section of the WRC complaint form – they are two separate things; and the first statutory notification requirement has to be met prior to the filing of the second, and done in accordance with the time-lines set out within the applicable legislation. The time-lines in this case also undermine the Complainant’s assertion that he served an ES1 form on the Respondent.

CA-00076530-001: For the reasons outlined above, I find for the Respondent.

Equal Status Act 2000 (as amended); Housing Assistance Payment (HAP); No ES1 form or otherwise notified;