The Equality Tribunal
Employment Equality Acts 2000 to 2008
EQUALITY OFFICER'S DECISION
NO: DEC-2012-089
Parties
Inga Tiesnese
(Represented by Grogan and Associates Solicitors)
V
GVS Limited t/a Groomes
(Represented by IBEC)
File No. EE/2010/134
Date of Issue: 02 July 2012
Keywords
Employment Equality Acts - Discriminatory treatment - Conditions of Employment - Discriminatory dismissal -Gender - Race- Prima facie Case - failure to attend an oral hearing
1. Dispute and delegation
1.1 This dispute concerns a claim by Ms. Inga Tiesnese (hereafter "the complainant") that she was subjected to discriminatory treatment and discriminatory dismissal by GVS Limited (hereafter "the respondent") on the grounds of her gender and race. The complainant claims that she was treated less favourably because she was not provided with a proper contract of employment and health and safety documentation and training. Furthermore, it is claimed that the complainant did not receive redundancy payments nor advised about her rights during a lay-off. The first date of alleged discrimination was in or about 8 September 2006. The complainant submitted that she was dismissed in or about October 2009.
1.2 The complainant referred a claim of discrimination to the Director of the Equality Tribunal on 24 February 2010 under the Employment Equality Acts. On 28 May 2012, in accordance with his powers under section 75 of the Acts, the Director then delegated the case to Tara Coogan- 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 which date my investigation commenced. As required by Section 79(1) and as part of my investigation, I proceeded to hearing on 29 June 2012.
2. The hearing
2.1. Both parties were advised of the date of the hearing by ordinary and registered post on 10 May 2012. The complainant did not attend the hearing and the Tribunal has not been informed of any exceptional circumstances excusing her failure to attend. The complainant's representative did inform the Tribunal that he had been unable to contact the complainant. I am satisfied that section 85A 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 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 79 has ceased. I conclude the investigation and find against the complainant.
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Tara Coogan
Equality Officer
02 July 2012