DECISION NO: DEC-E/2012/118
MJBCH LTD. T/A D4 HOTELS
File No: EE/2010/198
Date of issue: 6 September, 2012
Headnotes: Employment Equality Acts 1998- 2008 - sections 6 and 8 and 16 - age - discriminatory treatment- discriminatory dismissal - prima facie case - non attendance at Hearing
1.1 The complainant referred a complaint to the Equality Tribunal under the Employment Equality Acts, 1998-2008 on 24 March, 2010 alleging that the respondent had (a) treated him less favourably on grounds of age, in terms of section 6(2) of the Employment Equality Acts, 1998-2008 and contrary to section 8 of those Acts, in respect of the provision of training and his conditions of employment and (b) dismissed him in circumstances amounting to discrimination on grounds of age, in terms of section 6(2) of the Employment Equality Acts, 1998-2008 and contrary to section 8 of those Acts.
1.2 In accordance with his powers under the Acts 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 commenced on 13 July, 2012 - the date the complaint was delegated to me. Submissions had been filed by both parties and I wrote to both parties at the addresses previously used advising that the Hearing on the complaint would take place at the Tribunal's Offices on 6 September, 2012 commencing at 10:30am. These letters issued on 18 July, 2012 and were sent by registered post. The letter addressed to the respondent was subsequently returned to the Tribunal undelivered and marked "gone away". On further examination of the Tribunal's records I noted that the respondent was in liquidation and a firm of accountants had been appointed to oversee that process. I wrote to that organisation on 8 August, 2012, by registered post, advising of the Hearing arrangements.
2. DECISION OF THE EQUALITY OFFICER.
Section 79(1) of the Employment Equality Acts, 1998-2011 requires me, as part of my investigation, to hold a Hearing. I am satisfied that both parties received the written notification of the Hearing arrangements. Neither party (i) attended the Hearing at the time advised or (b) made any contact with the Tribunal seeking an adjournment of the Hearing. In the circumstances I find that the complainants' failure to attend the Hearing is unreasonable and that any obligation under section 79(1) has ceased. As no evidence was presented by the complainant in support of their complaints I conclude the investigation and find against him.
6 September, 2012