THE EQUALITY TRIBUNAL
EQUAL STATUS ACTS 2000 to 2008
Decision No. DEC-S2009- 065
PARTIES
A Complainant, (on behalf of her son),
(represented by Fergal T Kelly, solicitors)
-v-
Mr. Gerard Enright and
Corrigeenroe National School
(represented by Mason Hayes Curran)
File Reference: ES/2007/0073
Date of Issue: 9 September 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 16th July, 2007, 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 12th December, 2008, 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 Carrick-on-Shannon on Tuesday, 8th September, 2009.
2. Dispute
2.1. The dispute concerns a complaint by the complainant, on behalf of her son, that she 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 12th December, 2008. Submissions were sought from both parties. Upon receipt of those submissions, letters were issued to both parties to the complaint on Friday, 3rd July, 2009, notifying them that the hearing of the complaint was scheduled to take place at 10:30 a.m. in Carrick-on-Shannon on 8th September, 2009. In the case of both parties, this notice was sent to the solicitor's that were nominated to act on their behalf.
3.2. When I proceeded to open the hearing at 10.30 a.m., the complainant was not in attendance and was not otherwise represented. The respondent was in attendance, along with a witness. I therefore made contact with the Equality Tribunal Offices by telephone to check if any communication had been received from the complainant or her representative regarding her failure to attend the hearing. The Tribunal spoke with the office of the complainant's representative who stated, both by telephone and in writing, that it had not received the letter notifying it of the details of the hearing, and seeking a new date for hearing. However, the Tribunal received written confirmation from An Post that the letter in question had been received by the complainant's representative on Monday, 6th July, the next working day after it had been issued. This confirmation was received at 12.14 p.m. on the day of the hearing.
3.3. As I was therefore satisfied that the complainant, through her representative, had been served with valid notification of the hearing, I reconvened the hearing at 12.25 p.m. I outlined that, as the complainant failed to attend the hearing in person, that I was bringing the hearing to a close and a decision would issue shortly. I closed the hearing at 12.30 p.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
9 September 2009