DECISION NO: DEC-E/2014/037
Ms. Aneta Galuszka
Stanford Woods Care Centre T/A Kiltipper Woods care Centre
(Represented by Peninsula Business Services Limited)
FILE NO: EE/2011/613
Date of issue: 26th of May, 2014
1.1 This dispute involves a claim by Ms. Aneta Galuszka that she was discriminated against by Stanford Woods Care Centre t/a Kiltipper Woods Care Centre, on grounds of gender and race, in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts, in relation to training, conditions of employment, dismissal and harassment. There are also claims of victimisation and of failure to provide reasonable accommodation.
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on the 4th of July, 2011 alleging that the respondent had discriminated against her on grounds of gender and race, in relation to training, conditions of employment, dismissal and harassment. The complainant has also made claims of victimisation and of failure to provide reasonable accommodation.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 3rd of February, 2014 to me, Orla Jones, 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 both parties.
2.3 On the day of the hearing, the complainant was not in attendance.
3.1 In light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I am satisfied that the complainant received notification of the hearing arrangements. 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 find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
26th of May, 2014