THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 - 253
PARTIES
Mr. A
and
An Advertising Company
File Reference: EE/2008/358
Date of Issue: 15 December 2010
Claim
1.1. The case concerns a claim by Mr. A that the employer discriminated against him on the ground of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998 to 2008, in terms of discriminatorily dismissing him without proper procedures.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 4 June 2008. On 22 September 2010, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Valerie Murtagh, 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. 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 24 November 2010. The parties were notified of this date by registered post. On the day of the hearing, the respondent and his witnesses were in attendance. The complainant was not in attendance. The respondent was advised that under the circumstances, the complainant's case would fail for want of prosecution.
2. Decision
2.1. 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.
Valerie Murtagh
Equality Officer
15 December, 2010
THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 - 253
PARTIES
Mr. A
and
An Advertising Company
File Reference: EE/2008/358
Date of Issue: 15 December 2010
Claim
1.1. The case concerns a claim by Mr. A that the employer discriminated against him on the ground of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998 to 2008, in terms of discriminatorily dismissing him without proper procedures.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 4 June 2008. On 22 September 2010, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Valerie Murtagh, 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. 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 24 November 2010. The parties were notified of this date by registered post. On the day of the hearing, the respondent and his witnesses were in attendance. The complainant was not in attendance. The respondent was advised that under the circumstances, the complainant's case would fail for want of prosecution.
2. Decision
2.1. 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.
Valerie Murtagh
Equality Officer
15 December, 2010