THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2009- 110
PARTIES
Sean Stitt
-V-
Institute of Technology, Blanchardstown
(represented by Rosemary Mallon B.L. instructed by Arthur Cox)
File Reference: EE/2007/427
Date of Issue: 07/12/2009
Keywords:
Employment Equality Acts 1998-2008, Discrimination, age, gender - sections 6(2)(a), 6(2)(f) and section 8, failure to attend hearing, obligation under section 79 ceased.
1 Dispute
This dispute involves a claim by a complainant that he was discriminated against by the above named respondent on the gender and age ground, in terms of section 6(2)(a) & 6(2)(f) of the Employment Equality Acts 1998-2008 and contrary to section 8 of that Act, in relation to access to promotion.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 - 2004 to the Equality Tribunal on 27th August 2007 alleging that the respondent discriminated against him in not appointing him to the position of Lecturer following a competitive interview. He submitted that he was more qualified and more experienced than the successful female candidate. He submitted that he was aged 54 at the time of the interview and the successful applicant was in her early thirties.
2.2 In accordance with her powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 12th of August, 2009 to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from both parties. I proceeded to hold a joint Hearing on the 3rd of December 2009 as required by Section 79 (1) of the Act.
2.3 Letters were sent by registered post on 16th of October 2009 informing both parties of that the hearing would take place on the 3rd of December 2009. The respondent and witnesses together with their legal representative attended but the complainant did not attend.
2.4 On the 25th of November 2009 the complainant e-mailed the Tribunal to advise me that he was unable to attend because he was now working in an academic institution in England. He requested that the hearing take place in his absence and that I would inform him of the outcome. I e-mailed the complainant on the same day and I informed him that the hearing would go ahead as scheduled on the 3rd of December 2009. I pointed out to him that he must appear in person to give evidence as the onus was on him to establish a prima facie case of discriminatory treatment. I also told him that in the event of his non-attendance that the case may be decided against him. I received no response from the complainant and he did not attend the scheduled hearing.
2.5 The respondent's legal representative requested that the case be struck out for the want of prosecution.
3. Conclusions of the Equality Officer
3.1 I am satisfied from the correspondence with the complainant he was properly notified that a hearing in his case was scheduled for the 3rd of December 2009. I am also satisfied that the complainant was notified that the hearing would go ahead in his absence and that he had been informed of the consequences of not attending the said hearing. The complainant did not respond to the Tribunal nor did he apply for an adjournment in the circumstances. I find therefore, that the complainant's actions and his failure to attend were unreasonable in the circumstances.
4. Decision
In the light of the foregoing, and in accordance with Section 79(6) of the Act, I issue the following decision:
As part of my investigation under Section 79 of the Act, I am obliged to hold a Hearing. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the Hearing in support of the allegation of discrimination I conclude the investigation and find against the complainant.
_______________________
Marian Duffy
Equality Officer
7th December 2009