SAVAGE
AND
EAGLE STAR LIFE ASSURANCE COMPANY
(REPRESENTED BY IBEC)
1. DISPUTE
This dispute involves a claim by Mr. Mark Savage that he was discriminated against by Eagle Star Life Assurance on grounds of age, in terms of section 6(2) of the Employment Equality Acts, 1998 and 2004 and contrary to section 8 of those Acts, when in failed to shortlist him for interview for the position of Trainee in September, 2005
2. BACKGROUND
2.1 The complainant referred a complaint under the Employment Equality Acts, 1998 and 2004 to the Equality Tribunal on 7 October, 2005 alleging that the respondent had discriminated against him on grounds of age when it failed to shortlist him for interview for the position of Trainee in September, 2005. In accordance with her powers under the Acts the Director delegated the complaint to Mr. Vivian Jackson, Equality Officer for investigation and decision and for the exercise of other relevant functions under Part VII of the Acts. The Equality Officer wrote to both parties on 30 May, 2007 informing them that a Hearing of the complaint would take place at the Tribunal's Offices on 13 September, 2007, commencing at 10:30am. The letter to the complainant was sent to the most recent address which the Tribunal had on file for him.
2.2 The respondent arrived in time for the Hearing. The complainant failed to appear at the scheduled time and the Equality Officer indicated that he would defer commencement of the Hearing for 30 minutes in case the complainant had been delayed. When the complainant had not appeared by 11am the Equality Officer convened the Hearing as he was satisfied that the complainant had been made fully aware of the Hearing details and no explanation had been communicated to the Tribunal as to why he was unable to attend.
3. CONCLUSIONS OF THE EQUALITY OFFICER
3.1 In complaints such as this responsibility rests with the complainant in the first instance to establish a prima facie case of discrimination. The complainant did not attend the Hearing on 13 September, 2007 and no explanation of his failure to do so was furnished to this Tribunal. Section 18 of the Interpretation Act, 1937 provides as follows:
"Where an Act of the Oireachtas or an instrument made wholly or partly under any such Act authorises or requires a document to be served by post, whether the word "serve" or any of the words "give", "deliver", or "send" or any other word is used, then, unless the contrary intention appears, the service of such document may be effected by properly addressing.... and posting a letter containing such document, and in such case the service of such document shall, unless the contrary is proved, be deemed to have been effected at the time at which such letter would be delivered in the ordinary course of post"
3.2 Whilst the Employment Equality Acts, 1998-2007 do not specifically require the "service" of notification of details of a Hearing, it would be impractical to hold such a Hearing without informing the parties involved and therefore some form of notification is necessary. Notification of the Hearing was posted to the complainant at the most recent address on record in the Tribunal for him and I am satisfied that the letter was delivered in the normal course of post. It follows that I am satisfied he was aware of the Hearing arrangements. No explanation has been furnished by the complainant as to why he was unable to attend. I therefore find that a prima facie case of discrimination has not been established by Mr. Savage and his complaint must fail.
______________________________________
Vivian Jackson
Equality Officer
14 September, 2007