Mr. Christopher Tarleton
V
Mr. Frank Costelloe, Community Welfare Officer, Health Service Executive Eastern Area (formerly The Eastern Health Board)
1. Dispute
1.1 The dispute concerns claims by Christopher Tarleton that he was discriminated against by Mr. Frank Costelloe, Community Welfare Officer, Health Service Executive Eastern Area (formerly the Eastern Health Board) on the disability ground, in that he was refused a service which is generally available to the public. The complainant alleges that the respondent discriminated against him in terms of Sections 3(1)(a), 3(1)(b) and 3(2)(g) of the Equal Status Act, 2000 contrary to Section 5(1) of that Act.
2 Background
2.1 This case related to a claim of discriminatory treatment alleged to have occurred on 20th January, 2004. On 31st July, 2007 the Tribunal wrote to both parties informing them that a hearing of the complaint was scheduled to take place on Tuesday 16th October, 2007 and they were requested to confirm attendance. No response was received from the complainant. The Tribunal Secretariat telephoned the complainant on his mobile phone on Friday, 12th October, 2007 in order to confirm his attendance at the forthcoming hearing. The complainant indicated that he may have difficulty attending the hearing on the scheduled date as he was after commencing new employment. The Tribunal Secretariat informed the complainant that the hearing was scheduled to proceed on 16th October, 2007 and he was also informed of the standard procedure for seeking an adjournment of the hearing if he was not in a position to attend. The complaint contacted me by telephone later that morning (i.e. Friday, 12th October, 2007) and indicated that he was attempting to get time off work to attend the hearing but failing which he stated that he would apply to the Director for an adjournment of the hearing. The Tribunal sat on Tuesday, 16th October, 2007 but the complainant failed to attend. The respondent and a number of its witnesses attended on the day of the hearing. The Tribunal did not receive an application from the complainant for an adjournment of the hearing prior to the scheduled date.
3 Conclusions of the Equality Officer
3.1 I am satisfied that the complainant was fully aware of the hearing and of the standard procedure for seeking an adjournment if he was not in a position to attend on the scheduled date. As there was no appearance by the complainant and as he has failed to provide a satisfactory reason for his non-attendance, I find that he has failed to establish a prima facie case of discriminatory treatment and accordingly I dismiss the complaint.
4. Decision
4.1 On the basis of the foregoing, I find in favour of the respondent.
_________________
Enda Murphy
Equality Officer
9th November, 2007