Mr. Gerard Walsh
(Represented by Lewis Doyle & Co. Solicitors)
V
An Bolg Bui, Mayo
(Represented by John J. Gordon & Son Solicitors)
Gerard Walsh referred a claim of discrimination on the gender and marital status grounds 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 related to a claim of discriminatory treatment alleged to have occurred on 14th July 2003. The case was assigned to me on 11th June 2007. On 9th August the Tribunal wrote to both parties informing them that a hearing of the claim would take place on Wednesday 5th September 2007. On the day of the hearing the complainant failed to appear. It was confirmed to me that he was made aware of the date and time of the hearing.
Conclusions of the Equality Officer
Since I am satisfied that the complainant was aware of the hearing and that without explanation he failed to appear, I find that the complainant has failed to substantiate his allegation of discrimination. He has therefore failed to establish a prima facie case of discrimination on the grounds alleged.
Decision DEC-S2007-069
I find that the complainant has failed to establish a prima facie case of discrimination and this decision is therefore in favour of the respondent.
Bernadette Treanor
Equality Officer
5th October 2007