EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2012 - 078
Ms Vivian Almandauinaim
File Reference: EE/2009/190
Date of Issue:19 June, 2012
1.1. This case concerns a complaint by Ms. Almandauinaim (hereinafter referred to as "the complainant") that she was discriminated against, discriminatorily dismissed and victimised by ABC Creche (hereinafter referred to as "the respondent") on the grounds of sexual orientation contrary to section 6(2)(d) of the Employment Equality Acts (hereinafter referred to as "the Acts").
2.1 The complainant referred a complaint under the Employment Equality Acts to the Director of the Equality Tribunal on 18th March 2009. On the 2nd February, 2012, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Elaine Cassidy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Employment Equality Acts, on which date my investigation commenced.
3. Attendance at hearing
3.1. On 23rd February, 2012, and in accordance with the normal procedures of the Tribunal, the parties were notified in writing, by registered post, of the date, time and location of the hearing that was scheduled to take place in relation to the matter, in accordance with Section 79(6) of the Acts.
3.2. The respondent attended the hearing.
3.3. The hearing was opened at the scheduled time and date of 10.30 a.m on Tuesday, 12th June, 2012, with the respondent only in attendance. An adjournment until 11.15 took place, but the complainant did not arrive. No message was received from the complainant either explaining her absence or requesting an adjournment. As I was satisfied that the complainant has been served with valid notification of the hearing, I noted the absence of the complainant and concluded the hearing.
4.1. In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision:
4.2. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The complainant was notified of the arrangements for the hearing in writing, by recorded delivery, on 23rd February, 2012. 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.
19th June, 2012