THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC – E2009--21
PARTIES
Ms Lilija Pauce
(represented by Richard Grogan & Associates, Solicitors)
and
Seamus Dolan Moate Ltd
(represented by Mr John Curran BL, instructed by Byrne Carolan Cunningham, Solicitors)
File Reference: EE/2006/106
Date of Issue: 25th of March 2009
Claim
The case concerns a claim by Ms Lilija Pauce that Seamus Dolan Moate Ltd discriminated against her on the grounds of age and race contrary to Section(s) 6(2)(f) and (h) of the Employment Equality Acts 1998 to 2008, in access to employment, conditions of employment and discriminatory dismissal.
The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 10 April 2006. On 29 August 2008, in accordance with her powers under S. 75 of the Acts, the Director delegated the case to me, 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. On this date my investigation commenced. A submission was received from the complainant on 20 July 2007. A submission was received from the respondent on 11 October 2007. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 25 March 2009. I notified the parties of the date of the hearing, by registered post, on 3 September 2008. On 23 March 2009, the representative of the complainant notified the Tribunal by fax that his client had returned to Latvia, and that he had not received further instructions in the matter. He indicated his acceptance of the fact that under the circumstances, his client’s complaint would fail for want of prosecution, and that nobody from his office would be in attendance at the hearing. I notified the representative of the respondent that under the circumstances, I did not deem his presence necessary at the hearing of the complaint, either. Accordingly, neither party appeared before the Tribunal.
Decision
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.
___________________
Stephen Bonnlander
Equality Officer
25 March 2009