Claim
1.1. The case concerns a claim by Ms A that the respondent discriminated against her contrary to S. 15(3) of the Acts of the Employment Equality Acts 1998 to 2004, by not taking reasonable steps to prevent sexual harrassment of her by a colleague contrary to S. 14(7) of the Acts.
2. Background
2.1. The complainant referred a complaint under the Employment Equality Acts 1998 to 2004 to the Director of the Equality Tribunal on 1 June 2006. A submission was received from the complainant on 9 January 2007. A submission was received from the respondent on 20 February 2007. On 14 March 2007, in accordance with her powers under S. 75 of the Acts, the Director delegated the case to Mr Vivian Jackson, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. For operational reasons, the case was assigned to another Equality Officer. On 14 September 2007, in accordance with her powers under S. 75 of the Acts, the Director delegated the case to Stephen Bonnlander, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. A joint hearing of the claim was scheduled to be on 17 January 2008.
3. Conclusions of the Equality Officer
3.1. As noted above in para 2.1, a joint hearing of the complaint was scheduled to be held on 17 January 2008. The parties were notified of this in writing on 21 September 2007. Neither letter was returned to the Tribunal. No change of representative was notified to the Tribunal, nor did the representative change address. The respondent appeared for the hearing at the specified date, place, and time. The complainant and her representative did not appear. I delayed the opening of the hearing for 30 minutes to allow for unforeseen events that might have delayed the party. However, no contact was made by the complainant or her representatives either through the Tribunal or directly at the hearing venue, to indicate that they had any difficulty in attending the hearing. I therefore closed the hearing, and indicated to the respondent's representative that I would issue a decision in the matter in due course.
4. Decision
4.1. In the light of the foregoing, I find that the complainant has failed to establish a prima facie case that the respondent discriminated against her pursuant to S. 85A of the Acts, and that therefore her complaint fails.
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Stephen Bonnlander
Equality Officer
8 February 2008