The Equality Tribunal
Employment Equality Acts 1998-2008
DEC – E2009 – 025
Mr. Ultan Sinclair
Page 7 Media
(Represented by Niall Cawley, Solicitor)
File Reference: EE/2006/331
Date of Issue: 3rd April 2009
The complainant referred a claim of victimisatory dismissal to the Director of the Equality Tribunal under the Employment Equality Acts 1998-2004. In accordance with her powers under section 75 of the Act, the Director then delegated the case to me, Bernadette Treanor, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Act.
Mr. Sinclair lodged his claim with the Tribunal on 14th September 2006. A submission was sought from the Complainant on 17th November 2007 and this was received on 24th June 2008. This submission included details of a new address for the complainant and this was recorded by the Tribunal. A submission was sought from the respondent on 24th June 2008 and this was received on 5th August 2008. This was forwarded to the complainant at the new address on 7th August 2008 and his response was received on12th August 2009.
The case was assigned to me on 21st January 2009 and my investigation began on that date. On 23rd January 2009 both parties were sent a letter indicating that the case had been assigned and that a hearing of the case was scheduled to take place on Friday 6th March 2009. The address indicated on the claim form for the respondent was used and the more recent address for the complainant, from which a response had already been received, was used. The respondent subsequently contacted the Tribunal by phone requesting another copy of the various submissions and these were forwarded on 23rd February 2009.
On the day of the hearing the respondent attended the Tribunal with his representative. The complainant did not attend and the respondent agreed to wait some time. After 45 minutes the respondent was informed that the Tribunal had attempted to contact the complainant on the mobile phone number that he had submitted with his claim. However, the response to each call was “number unobtainable”.
Conclusions of the Equality Officer
The contact information submitted to the Tribunal by the complainant was updated and used appropriately. I am satisfied that reasonable steps were taken to ensure that the complainant was aware of the progression of the case to assignment and to the scheduling of the hearing on the date in question.
As the complainant did not to attend the hearing no evidence was presented in support of the assertions made in his claim of discrimination. I find, therefore, that he has failed to establish a prima facie case of victimisatory dismissal.
Having investigated the above complaint I hereby make the following decision in accordance with Section 79(6) of the Acts. I find that the complainant has failed to establish a prima facie case of victimisatory dismissal contrary to the Acts and his complaint therefore fails.
3rd April 2009