The Employment Equality Acts 1998-2008
Decision Number:DEC-E2009-020
A Complainant
(Represented by Brendan Weldon & Co, Solicitors)
-v-
A Respondent
(Represented by BCM Hanby Wallace)
File No: EE/2006/362
Date of issue: 20 March 2009
1. Claim
1.1 The dispute concerns a claim by the complainant that she was subjected to discriminatory dismissal by the respondent on the grounds of gender in terms of Section 6 of the Employment Equality Acts, 1998 to 2004 and contrary to section 8 of those Acts.
1.2 The complainant referred a claim of discrimination to the Director of the Equality Tribunal on 3 October 2006 under the Employment Equality Acts 1998 - 2004. On 19 June, 2008, in accordance with her powers under section 75 of the Acts, the Director then delegated the case to the undersigned Conor Stokes - 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 1998-2008 on which date my investigation commenced. Submissions were sought and received from the parties. As part of my investigation, I held a hearing on 20 March 2009. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
2. Background
2.1 Written submissions were received by both parties in advance of the hearing date. The complainant submitted that she was dismissed on grounds amounting to discrimination on the basis of her gender. The respondent denied discriminating against the complainant.
2.2 Late on the evening of 19 March 2006 the complainant’s representative contacted the Tribunal and indicated that the parties had reached a settlement and would not be attending for the hearing on the following day. He stated that he would fax in a letter stating this.
2.3 Twenty minutes prior to the start of the hearing on 20 March 2009, an adjournment request was received from the complainant’s representative confirming that the matter had been settled and seeking a 28 day adjournment pending implementation of settlement terms. The parties had been notified of the Tribunal’s procedure for adjournments or postponements in advance of the hearing. This procedure was not followed. No adjournment was granted prior to the hearing.
2.4 The Tribunal contacted the complainant’s representative by telephone (on each of the numbers provided) and informed them that they needed to either withdraw the case or attend the hearing as the Equality Officer would proceed to make a decision. Neither party appeared before the Tribunal.
3 Decision of the Equality Officer
3.1 In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, 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.
Conor Stokes
Equality Officer
20 March 2009