The Equality Tribunal
3 Clonmel Street
Dublin 2.
Phone: 353 -1- 4774100
Fax: 353-1- 4774150
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Website: www.@equalitytribunal.ie
Equal Status Acts 2000 to 2011
Decision Number
DEC-S2011-037
Dermot Hayes
V
Ryanair
(Represented by Lennon Heather Solicitors )
Case ref: ES/2009/0018
Issued: 31 August 2011
DECISION NUMBER DEC-S2011-037 CASE REFERENCE ES/2009/0018
Keywords:
Equal Status Acts 2000 to 2008 - Discrimination - Disability
1. Delegation under the Equal Status Acts 2000 to 2008
1.1. Mr. Dermot Hayes (hereafter "the complainant") referred a claim of discrimination to the Director of the Equality Tribunal under the Equal Status Acts on 19 February 2009. In accordance with his powers under section 75 of the Employment Equality Act, 1998 and section 25 of the Equal Status Acts, the Director then delegated the case to me, Tara Coogan, 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 on 16 June 2011. An oral hearing, as part of the investigation was to be held in Dublin on 30 August 2011. The respondent was notified of this complaint in accordance with the Acts on 8 December 2008.
2. The hearing
2.1. Both parties were advised of the date of the hearing by registered post on 17 June 2011. The respondent and its representative attended the hearing on 30 August 2011. The complainant did not attend the hearing and the Tribunal has not been informed of any exceptional circumstances excusing his failure to attend. Section 38A clearly places an onus on the complainant to establish a prima facie case of discrimination before an investigation can proceed.
3. Decision
3.1. In the light of the foregoing, and in accordance with Section 25(4) of the Acts, I issue the following decision. I find that the complainant's failure to attend a hearing was unreasonable in the circumstances of this case and that any obligation under Section 25 has ceased. I conclude the investigation and find against the complainant.
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Tara Coogan
Equality Officer
31 August 2011