A tenant’s discrimination complaint over delays in completing his Housing Assistance Payment paperwork failed after the Workplace Relations Commission found he had not established a prima facie case. The decision was dated 28 July 2022.
Mohammad Rustam said landlord Ger Scully delayed completing the forms while Rustam was struggling financially. He said the council repeatedly sought a completed form and he eventually moved to a new home. Scully accepted there had been a long delay, but said he had sought the forms and supporting documents and that circumstances outside his control had contributed.
The complaint was made under the housing assistance ground of the Equal Status Acts. To establish a prima facie case, Rustam had to present facts that could support an inference of discrimination, including less favourable treatment than a person in a comparable situation. The adjudication officer said no comparator had been identified.
The officer accepted that Scully’s request for an electronic form was genuine and found he had sent forms to the council twice. Changes to the forms and pandemic restrictions also contributed to the delay. The officer concluded that Rustam had not established the required initial case of discrimination, and the complaint failed.