THE EQUALITY TRIBUNAL
EQUAL STATUS ACTS 2000 to 2008
Decision No. DEC-S2009- 082
PARTIES
John Heaney
-v-
Health Service Executive
File Reference: ES/2008/0187
Date of Issue: 18 November 2009
Key words
Equal Status Acts 2000-2008 - Section 3(2)(g), Disability ground - failure to attend hearing -no prima facie case
1. Delegation under the relevant legislation
1.1. On 30th September 2008, the complainant referred a claim to the Director of the Equality Tribunal under the Equal Status Acts. In accordance with her powers under section 75 of the Employment Equality Acts and under the Equal Status Acts, the Director delegated the case to me, Gary O'Doherty, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Acts. This delegation took place on 3rd April, 2009, on which day I commenced my investigation.
1.2. As required by Section 25(1) of the Equal Status Acts, 2000 to 2008, and as part of my investigation, I held an oral hearing of the complaint in Dublin on Tuesday, 17th November, 2009.
2. Dispute
2.1. The dispute concerns a complaint by the complainant that he was discriminated against by the respondent on the Disability ground contrary to the Equal Status Acts in terms of Sections 3(1)(a) and Section 3(2)(g) of the Equal Status Acts and contrary to Section 7(2) of the Equal Status Acts.
3. Attendance at hearing
3.1. This case was assigned to me on 3rd April, 2009. Letters were issued to both parties to the complaint on Thursday, 10th September, 2009, notifying them that the hearing of the complaint was scheduled to take place at 10:30 a.m. in Dublin on 17th November, 2009.
3.2. When I proceeded to open the hearing at 10.30 a.m., neither party was in attendance nor was either party otherwise represented. The Tribunal received written confirmation from An Post that the letter in question had been received by the complainant on Friday, 6th July, the next working day after it had been issued, and the Tribunal did not receive any communication from either party regarding their failure to attend the hearing. The Tribunal Offices therefore made contact with the complainant and informed him that the hearing would proceed in his absence if he was not in attendance before 11 a.m.. The complainant indicated that he would not be in a position to attend the hearing and expressed his regret in that regard. I therefore closed the hearing at 11.04 a.m.
4. Decision
4.1. In accordance with Section 25(4) of the Equal Status Acts, I conclude this investigation and issue the following decision:
4.2. As part of my investigation under Section 25 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 25(1) 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.
___________
Gary O'Doherty
Equality Officer
18 November 2009