THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC – E2014-077
File Reference: EE/2012/090
Date of Issue: 14th November 2014
Employment Equality Acts 1998-2011, Section 6(1) - less favourable treatment, - Section 6(2)(g) - disability, Section 8- conditions of employment, dismissal, Section 16- failure to give reasonable accommodation, failure to attend hearing - no evidence to establish discrimination.
1.1 This dispute concerns a claim by the above named complainant that she was discriminated against by the above named respondent on the disability ground, in terms of Sections 6(1), and 6(2) (g) of the Employment Equality Acts and contrary to section 8 and 16 of the Acts in relation to conditions of employment, dismissal and reasonable accommodation.
2.1 The complainant referred a complaint under the Employment Equality Acts to the Director of the Equality Tribunal on the 23rd February 2012 alleging that the respondent discriminated against him contrary to the Acts. In accordance with his powers under section 75 of the Employment Equality Acts, the Director delegated the case on the 30th October, 2014 to me, Marian Duffy, 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 28th November 2013 and from the respondent on the 14th February 2014. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on the 5th of November, 2014.
2.2 The case was set for hearing on the 10th July 2014 and was adjourned at the request of the complainant because she was ill. On the 17th of September 2014, the Tribunal notified both parties by registered and ordinary post that a hearing of the case would take place on the 5th of November 2014 in Castlebar. I sat to hear the case as notified. The respondent attended the hearing as scheduled but the complainant did not attend.
3. Conclusions of the Equality Officer
3.1 I am satisfied the complainant was properly notified that a hearing in his case was scheduled for the 5th of November 2014 and that the complainant signed for the registered post notifying her of the date of the hearing. I find therefore, that the complainant's failure to attend the Tribunal was unreasonable in the circumstances.
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.
14th November 2014