Case Number: ADJ-00027733. Workplace Relations Commission

• Docket Number: ADJ-00027733
• Hearing Date: 05 October 2020
• Date: 12 July 2021
• Court: Workplace Relations Commission
• Respondent: Elizabeth O'Connor

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00027733

Parties:

	Complainant	Respondent
Parties	Paulina Wilkocka	Elizabeth O'Connor

	Complainant	Respondent
Anonymised Parties

Representatives Self-Represented No Attendance

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000	CA-00035547-001	01/04/2020

Date of Adjudication Hearing: 05/10/2020 & 12/03/2021

Workplace Relations Commission Adjudication Officer: Brian Dolan

Procedure:

In accordance with Section 25 of the Equal Status Act, 2000,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant is a tenant in a property in north County Dublin. The Respondent, while not listed as the landlord on the tenancy agreement, acts as an agent for the landlord and engaged in lengthy correspondence with the Complainant. On 3rd March 2020, the Complainant notified the Respondent of perceived discriminatory treatment and her intention to bring the present claim should the same not be addressed. This notification was completed by means of the standard “ES1” form. Herein, the Complainant alleged that the Respondent made it particularly difficult for her to access rent supplement as she would not answer correspondence in this regard. Following a further email communication from the Complainant, the Respondent issued their response on 27th March 2020. Evidently unhappy with the same, the Complainant lodged the present complaint with the Commission on 1st April 2020. Herein, the Complainant alleged that she had been discriminated against by reason of “Housing Assistance”. In the narrative section of the form, the Complainant again stated that the Respondent’s delay in completing the housing assistance forms was causing her financial hardship. A hearing in relation to this matter was convened for 5th October 2020. On 25th September 2020, the Respondent advised that she would not be in a position to attend the hearing and requested that the same be re-convened at a later date. On this initial hearing date, the matter was adjourned to allow the Complainant to submit further paperwork and to permit the attendance of the Respondent to answer the complaint. Due to the renewed restrictions arising from the COVID-19 pandemic the matter was again adjourned, with a further hearing convened for 12th March 2021. This was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced during the hearing. On 5th March the Respondent again sought for the matter to be adjourned on the basis that she would be traveling on that date. This application was refused on 9th March 2021 and the matter proceeded on 12th March 2021 in the absence of the Respondent.

Summary of Complainant’s Case:

The Respondent, while not listed as the landlord on the tenancy agreement, acts as an agent for the landlord and engaged in lengthy correspondence with the Complainant. On 18th June 2019, the Respondent issued notice of termination to the Complainant. This notice proposed a termination date of 5th February 2020. This notice, and the accompanying statutory declaration, were co-signed by the Respondent and the person listed as the landlord on the tenancy agreement. On 10th January 2020 a third-party organisation corresponded on the Complainant’s behalf advising that the notice of termination was not valid and consequently the Complainant was not obliged to comply with the same. No contemporaneous response was received to this communication and the Complainant considered the matter to be concluded. On 3rd February 2020, the Complainant issued a request to the Respondent requesting that she complete the relevant section of a rent supplement form. When no response was forthcoming, the Complainant issued form ES1 stating that the Respondent’s failure to complete the relevant form constituted discrimination within the meaning of the Equal Status Acts. On 23rd March 2020, the Complainant emailed the Respondent directly. Herein, the Complainant expressed her disappointment at the Respondent’s persistent failure to return to relevant forms. The Complainant went on to state that she had been approved for a HAP payment of €1,600 per month. In the circumstances, the Complainant was willing to agree to an increase the rent to this amount on the understanding that relevant rent supplement forms are completed. On 27th March, the Respondent replied stating that she was agreeable to this proposal and indicated their agreement to engage in the HAP scheme. On 28th March, the Complainant responded, requesting that while the HAP payment was being processed, the Respondent complete the rent supplement form for the current rate of rent. Herein, the Complainant advised that on receipt of the same she would withdraw the present complaint. On 1st April, the Complainant lodged that present complaint with the Commission. Herein, she outlined that the Respondent’s continual failure to return the rent supplement form was causing her considerable financial difficulty and that the same constituted discrimination within the meaning of the Act. On 14th April, when...