DEC-E2013-043- Full Case Report

The Equality Tribunal

EMPLOYMENT EQUALITY ACTS

DECISION NO. DEC-E2013-043

PARTIES:

A Worker

AND

A Restaurant
(Represented by Ailionora McMahon B.L. instructed by Molloy Murphy Solicitors)

File reference: EE/2010/898
Date of issue: 21 May 2013

HEADNOTES: Employment Equality Acts, 1998-2008, Sections 6 and 14A - Gender - Sexual Harassment - Failure to Attend - Unreasonable.

1. DISPUTE

1.1 This dispute concerns a claim by A Worker she was discriminated against by A Restaurant on the grounds of gender contrary to section 6 (2) (a) of the Employment Equality Acts in relation to sexual harassment in terms of section 14A of the Acts.

1.2 The complainant referred her claim to the Director of the Equality Tribunal on 10 December 2010 under the Employment Equality Acts. On 28 January 2013, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Hugh Lonsdale, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts, on which date my investigation commenced. Submissions were received from both sides. In accordance with Section 79 (1) of the Acts and as part of my investigation I informed both parties by letter sent registered post on 11 February 2013 that I had scheduled a hearing for 16 May 2013. On 5 April 2013 the complainant's representative sent a letter advising the Equality Tribunal that they had been unable to make contact with the complainant and were therefore no longer representing her. On 8 April 2013 I wrote to the complainant directly by registered and ordinary post advising her of the details of the hearing. An Post's records show that the registered letter was delivered. The complainant did not attend the hearing. The respondent did attend the hearing.

2. DECISION

In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The complainant was notified of the arrangements for the hearing in writing, by recorded delivery on 8 April 2013. I find that the complainants' failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant.

____________________
Hugh Lonsdale
Equality Officer

21 May 2013