THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011 - 072
Mr Vincent Fahy
Commission for Energy Regulation
File References: EE/2008/531
Date of Issue: 7th April 2011
1.1. The case concerns a claim by Mr Vincent Fahy that the Commission for Energy Regulation discriminated against him on the ground of age contrary to Section 6(2)(f) of the Employment Equality Acts 1998 to 2008, in terms of access to employment.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 12 August 2008. A submission was received from the complainant on 16 January 2009. A submission was received from the respondent on 27 February 2009. On 6 October 2010, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, 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 this date my investigation commenced. Additional evidence was requested from the respondent on 28 March 2001, received on 29 March 2011, and forwarded to the complainant on the same day. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 6 April 2011. The complainant was informed of the date on 11 October 2010 by registered letter. At the time set for the hearing, the respondent appeared before the Tribunal, but the complainant did not. Half an hour before the hearing was set to commence, the complainant contacted the Tribunal reception by telephone and indicated that due to the information contained in the information from the respondent that had been sent to him on 29 March, he did not wish to appear at the hearing. At the set time, the complainant did not appear.
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I find that the complainant's 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 allegation of discrimination I conclude the investigation and find against the complainant.
7 April 2011