EMPLOYMENT EQUALITY ACTS 1998-2015
DECISION NO. DEC-E2017-053
Department of Transport, Tourism and Sport
(Represented by William Maher, BL instructed by the Office of the Chief State Solicitor)
File reference: et-157881-ee-15
Date of issue: 7th of July, 2017
1.1 This dispute involves claims by the complainant that he was discriminated against by the respondent on the ground of age in terms of section 6 and contrary to section 8 of the Employment Equality Acts, 1998 to 2015 in relation to getting a job and other when he was unsuccessful in his application for an Assistant Principal post in Brussels in April, 2015.
2.1 The complainant referred a complaint against the above respondent under the Employment Equality Acts 1998 to 2015 to the Equality Tribunal on the 12th of July 2015.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2015 the Director delegated the case on the 7th of April, 2017 to me, Orla Jones Adjudication/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. As required by section 79(1) of the Acts and, as part of my investigation, I proceeded to a hearing on the 6th of July, 2017.
2.3 On the day of the hearing, the complainant was not in attendance.
2.4 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.
3.1 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 allegations of discrimination I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
3.2 In light of the foregoing, I issue the following decision. I have investigated the above complainant and make the following decision in accordance with section 79 of the Employment Equality Acts and section 41 (5) (a) (iii) of the Workplace Relations Act 2015 that:
The complainant has failed to establish a prima facie case of discrimination on grounds of age, in relation to getting a job and other, when he was unsuccessful in his application for an Assistant Principal post in Brussels in April, 2015.
Adjudication Officer/Equality Officer
7th of July, 2017