EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2013-089
Eliteform Manufacturing Limited
File Reference: EE/2010/722
Date of Issue: 7th August 2013
Keywords: Employment Equality Acts 1998-2011, Section 6(1) - less favourable treatment, - Section 6(2)(a) -Gender, Section 6(2)(c) family status - Section 8- conditions of employment, dismissal, failure to attend hearing - no evidence to support case.
1.1 This dispute involves a claim by Ms. Marta Konaoska that she was discriminatorily dismissed by Eliteform Manufacturing, on grounds of gender and family status, in terms of section 6 of the Employment Equality Acts, 1998-2011 and contrary to section 8 of the Acts when Eliteform Manufacturing ended her employment in April 2010
2.1 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on the 4th October 2010 alleging that the respondent discriminated against her contrary to the Acts. In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2011 the Director delegated the case on the 30th November 2012 to me, Peter Healy, 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 the complainant on the 25th March 2011 and from the respondent on 6th July 2011. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on the 10th May 2013.
2.2 On the 3rd May 2013, the Tribunal notified both parties by registered and ordinary post that a hearing of the case would take place on the 10th May in the Equality Tribunal's offices in Dublin. I sat to hear the case as notified. The respondent attended the hearing as scheduled but the complainant did not turn up.
3. Conclusions of the Equality Officer
3.1 I am satisfied that every effort was made to notify the complainant, at all known addresses, that a hearing in her case was scheduled for the 10th May 2013. I note that the complainant's original legal representatives had come of record as they were unable to locate their client. The onus is on the complainant to keep the Tribunal informed of their up to date contact details.
In the light of the foregoing, and in accordance with Section 79(6) of the Act, I issue the following decision:
As part of my investigation under Section 79 of the Act, I am obliged to hold a Hearing. 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.
7th August 2012