EQUAL STATUS ACTS
DECISION NO. DEC-S2015-025
PARTIES
A Separated Father
-V-
A Creche
File reference: ES/2012/0163
Date of issue: December 2015
1 Complaint
This complaint was referred to the Director of the Equality Tribunal on 19 November 2012.The respondent was notified of this complaint on the 4th December 2012. On 19 March 2013, the Tribunal received a written submission from the complainant .A responding submission was received from the respondent on 14 April, 2013. The complaint was referred to me, Patsy Doyle, Equality Officer on 6 Oct 2015 under Section 16 of the Workplace Relations Act,2015 by the Director General of the Workplace Relations Commission in accordance with section 41 of Workplace Relations Act , 2015 and Part V11 of the Employment Equality Acts 1998 to 2012.
I commenced my investigation on that date .As required by section 25(1) of the Acts and as part of my investigation, an oral hearing was scheduled for October 13, 2015.
This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.
2 Dispute
2.1 The dispute concerns a claim by the complainant, a separated father, that he was discriminated by the crèche owner on the grounds of gender, marital status and family status in terms of sections 3(2)( a ),(b) and ( c) of the Acts. The complainant also claimed victimisation by the respondent in terms of section 3(2) (j) of the Acts.
3 Findings and Conclusions
On 11th September 2015 both parties were notified of the Hearing due to take place on October 13th by registered post. Further written communication passed between the parties and the Workplace Relations Commission in preparation for the hearing. On October 12th, the complainant sought an adjournment to allow for a Family Law matter to be dealt with .Consideration was given to this request but the request was refused on the basis that the Equal Status complaint was a separate and distinct process to a Family Law matter. I proceeded to hear the case on the morning of October 13th. The respondent and her husband attended the Hearing, the complainant did not attend.
4 Decision of the Adjudication Officer
In accordance with Section 25 of the Equal Status Acts 2000-2008, I issue the following decision. As part of my investigation under Section 25 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 11 September, 2015. I find that the complainants’ failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 has ceased. I find that respondent attended the Hearing in good faith. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant.
______________________
Patsy Doyle
Adjudication Officer/ Equality Officer
December 2015