THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998 - 2008
Decision DEC - E2011 - 085
Mr. Sean Boyle
(represented by IBEC)
File Reference: EE/2007/642
Date of Issue: 28th April, 2011
Decision DEC - E2011- 085
1.1 The case concerns a claim by Mr. Sean Boyle that he was discriminated against by the respondent on the grounds of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998-2008 in relation to access to employment and a failure to provide reasonable accommodation in terms of Sections 8(1)(b) and 16(3) of the Acts.
1.2 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on the 6th December 2007. On the 13th July 2010, in accordance with his powers under Section 75 of the Acts, the Director delegated the case to me, James Kelly, 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. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to a hearing on the 28th April 2011. The parties were notified of this date by registered post.
1.3 On the day of the hearing the respondent was in attendance. The complainant was not in attendance. I started the hearing at 11am as scheduled and adjourned the hearing of the case for 15 minutes to allow for the complainant time to present himself to give evidence. However, the complainant did not present himself. I contacted the Tribunal's administrative staff to see if the complainant had made contact with the Equality Tribunal directly to explain his absence. I was informed that he had not.
2.1 In 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.
28th April 2011