THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011- 047
Ms. Sylwia Kadziola
Feltrim Motor's Limited
(Represented by Ferry's Solicitors)
File reference: EE/2007/353
Date of issue: 10th March 2011
1.1 This dispute involves a claim by Ms. Sylwia Kadziola that she was discriminated against by Feltrim Motor's Limited, on the grounds of gender, contrary to section 6(2)(a) of the Employment Equality Acts 1998 - 2008 and contrary to section 8 of those Acts, in relation to access to employment and in relation to her dismissal.
2.1 Ms. Kadziola referred a complaint under the Employment Equality Acts 1998 to 2008, to the Equality Tribunal on the 12th of July 2007, alleging that the respondent had discriminated against her on grounds of gender when she was dismissed from her job, during her pregnancy, without proper procedure.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on the 2nd of June, 2010 to me, Orla Jones, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from both parties. As required by Section 79(1) of the Acts and as part of my investigation I proceeded to a hearing on the 18th of February, 2011. A notification of the hearing date was sent to all parties by registered post.
2.3 On the day of the hearing, the respondent's representative was in attendance but the complainant was not. I contacted the Tribunal's administrative staff to see if the complainant had made contact with the Tribunal directly. I was informed that she had not.
3.1 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 am satisfied that the complainant received notification of the hearing arrangements. 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 allegations of discrimination I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
10th March, 2011