Mr. Stokes referred a claim to the Director of Equality Investigations under the Equal Status Act 2000. In accordance with her powers under section 75 of the Employment Equality Act, the Director then delegated the case to me, Bernadette Treanor, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Act.
Background
This case was assigned to me on 23rd November 2005. In January 2006 both parties were sent notice that the cases had been assigned to me and that the hearing would take place on 28th February 2006. This Office wrote to the complainant at the address provided. The week before the hearing this Office also attempted to contact the parties by phone to confirm attendance. Neither one of the contact numbers provided by the complainant was of use. The respondent attended on the day of the hearing. Having tried to contact the complainant by all means available, I am satisfied that this Office has discharged its function in attempting to investigate the claim of discrimination lodged by the complainant. I am also satisfied that the complainant was aware that he should keep the Office advised as to his contact details since he changed contact details on 25/4/2003. Having waited some time after the hearing was due to start, I informed the respondent that as the complainant had failed to appear no prima facie case of discrimination had been established.
Decision DEC-S2006-022
As the complainant failed to appear for the hearing he has failed to support the allegations made in the documents submitted to the Tribunal. On that basis I find that he has failed to establish a prima facie case of discrimination on the Traveller ground and therefore this decision is in favour of the respondent.
Bernadette Treanor
Equality Officer
6th April 2006