Equality Officer's Decision No: DEC-E/2011/063
Mac Rental Ltd
File No: EE/2008/238
Date of issue: 29 March, 2011
Headnotes: Employment Equality Acts 1998 & 2004 - sections 6&8 -gender- discriminatory dismissal- prima facie case - non attendance at Hearing.
1.1 The complainant (Ms Michelle Traynor) referred a complaint under the Employment Equality Acts, 1998 -2007 to the Equality Tribunal on 24 April, 2008 alleging that the respondent had dismissed her in circumstances amounting to discrimination on grounds of gender in terms of section 6(2) of the Employment Equality Acts, 1998-2007 and contrary to section 8 of those Acts. In accordance with his powers under the Employment Equality Acts, 1998-2008 the Director delegated the complaint to the undersigned - Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 12 January, 2011, the date the complaint was delegated to me.
1.2 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 21 January, 2011 that a Hearing on the complaint would take place at the Tribunal's Offices, Dublin on 7 March, 2011 commencing at 10:30am. This notification was sent by recorded delivery. Both letters were returned to the Tribunal marked "gone away". Efforts were made to contact the complainant on the e-mail address and mobile telephone phone number contained on her referral form. Contact was made with the complainant on the mobile telephone number and she furnished the Tribunal with new postal details. A search of the Companies Registration Office provided the registered address of the respondent. The Hearing was rescheduled for the Tribunal's Offices, Dublin for 28 March, 2011 commencing at 10:30am. Confirmation of these arrangements was sent in writing to both parties on 7 March, 2011 at the new addresses obtained. These notifications were also sent by recorded delivery. Neither party attended the Hearing.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with section 79(6) of the Employment Equality Acts, 1998-2008 I issue the following decision. Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the complainant received notification of the Hearing arrangements and chose not to attend. I therefore find that the complainant's unexplained failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegation of discrimination I conclude the investigation and find against the complainant.
29 March, 2011