Workplace Relations Commission
EMPLOYMENT EQUALITY ACTS 1998-2015
Decision DEC – E2016-108
Donal Duffy
versus
Omniguard Ltd.
(represented by Kate Kennedy B.L. represented by John Kilroy Solicitors)
File reference: et-159778-ee-15
Date of issue: 22nd July 2016
Keywords: Employment Equality Acts, Discrimination, Disability, Dismissal, Non-attendance, No prima facie case
Dispute
This dispute concerns a complaint by Donal Duffy against Omniguard Ltd. The complainant alleges that he was discriminated against on the grounds of disability leading to dismissal contrary to the Employment Equality Acts 1998-2015 [hereinafter referred to as ‘the Acts’].
The complainant referred his complaint under the Acts to the Director of the Equality Tribunal on 24th September 2015. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 27th May 2016 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and a Hearing was held on 13th July 2016 as required by Section 79 (1) of the Acts.
This decision is issued by me following the establishment of the Workplace Relations Commission on 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to 1st October 2015, in accordance with section 84 (3) of the Workplace Relations Act 2015.
The complainant was notified, by registered post, of the hearing at the address he gave to the Tribunal. The complainant did not attend the hearing.
Decision
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.
_______________
Orlaith Mannion
Equality Officer/Adjudication Officer