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EDA1834

FULL RECOMMENDATION

ADE/17/98
DETERMINATIONNO.EDA1834
ADJ-00000981 CA-00001380-002

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015



PARTIES :
MOTOR SERVICES LIMITED T/A MSL BALLSBRIDGE MOTORS
(REPRESENTED BY M.P. GUINNESS, B.L., INSTRUCTED BY WHITNEY MOORE, SOLICITORS)

- AND -

GEOFFREY DUNNE
(REPRESENTED BY MILEY & MILEY, SOLICITORS)


DIVISION :

Chairman: Mr Haugh
Employer Member: Mr Murphy
Worker Member: Ms Treacy
SUBJECT:
1. Appeal of Adjudication Officer Decision No. ADJ-00000981


BACKGROUND:

2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 1 December 2017. Labour Court hearings took place on 10 May 2018.The following is the Court's Determination:-

DETERMINATION:

This matter came before the Court by way of an appeal brought on behalf of Motor Services Limited T/A MSL Ballsbridge Motors (‘the Appellant’) against a decision of an Adjudication Officer (ADJ-00000981, dated 23 October 2017) under the Employment Equality Act 1998 (‘the Act’). The Adjudication Offer held that Mr Dunne’s (‘the Complainant’) complaint of indirect discrimination on the family status ground was well-founded and awarded him compensation of €12,000.00 under the Act.

The Appellant’s Notice of Appeal against that decision was received by the Court on 1 December 2017. The Court heard the appeal in Dublin on 10 May 2018. As the appeal before this Court is a de novo hearing of the case, the burden of establishing facts from which an inference of discrimination could be made falls on the Complainant pursuant to section 85A of the Act. However, the Complainant offered no evidence to the Court in support of his complaint under the Act.

In all the circumstances, therefore, the Court finds the complaint under the Act is not well-founded and sets aside the decision of the Adjudication Officer.

The Court so determines.




Signed on behalf of the Labour Court



Alan Haugh
25 May 2018______________________
THDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.