Decision
DEC-S2010- 022
Peter O'Neill
v.
An Post
(represented by Jennifer Morgan BL instructed by Seamus Bowe, Solicitor An Post )
Key Words
Equal Status Acts, 2000 -2004 - Direct discrimination, Section 3(1) - Disability, Race Section 3(2)(g) and (h), Victimisation Section 3(2)(j)- prima facie case, failure to attend - finding not in favour of complainant
Delegation under Equal Status Acts, 2000-2004
The complainant referred complaints to the Director of the Equality Tribunal under the Equal Status Acts, 2000 to 2004. On the 4th January 2010, in accordance with her powers under section 75 of the Employment Equality Act, 1998 and under the Equal Status Acts, 2000 the Director delegated the case to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Acts, 2000 on which date my investigation commenced. As required by Section 25(1) and as part of my investigation, I proceeded to hearing on the on the 15th April 2010.
1. Dispute
1.1 The dispute concerns claims by Peter O'Neill that he was discriminated against by An Post on the disability and race ground contrary to Section 5 of the Equal Status Act, 2000-2008. He also alleges that he was victimised contrary to section 3(2)(j) of that Act.
2. Summary of the Case
2.1 The complainant referred a complaint to Tribunal on the 10th July 2008. As part of my investigation of the complaint, I notified the parties on the 11th of February 2010 that a hearing would take place at the Tribunal's Offices in Dublin on the 15th April 2010. The complainant responded to the notification and requested that the venue for the hearing be changed to a venue in Wicklow which is closer to his home. I wrote to the complainant on the 1st of March 2010 and informed him that I was not acceding to his request to change the venue. I informed him that I would defer the time of the hearing to 12 noon to facilitate him travelling to Dublin. The complainant again requested that I change the hearing venue to a place convenient to him. On the 11th of March I again informed the complainant that I was not changing the venue and that the hearing would take place in Dublin as already notified to him. I got not further correspondence from the complainant. The complainant failed to attend the hearing on the 15th of April 2010. The respondent together with witnesses and legal representation attended.
3. Conclusions of the Equality Officer
3.1 I am satisfied from the series of correspondence with the complainant that he was properly notified that a hearing in his case was taking place as scheduled. I find that his failure to attend the hearing was unreasonable in the circumstances.
4. Decision
4.1 In accordance with Section 25(4) of the Equal Status Acts, 2000 - 2008, I issue the following decision: as part of my investigation under Section 25 of the Act, I am obliged to hear all interested persons, I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25(1) has ceased. As no evidence was presented in support of the allegation of discrimination at the hearing, I conclude the investigation and I find against the complainant.
_________________
Marian Duffy
Equality Officer
16th April 2010