The Equality Tribunal
3 Clonmel Street
Dublin 2.
Phone: 353 -1- 4774100
Fax: 353-1- 4774141
E-mail: info@equalitytribunal.ie
Website: www.equalitytribunal.ie
Employment Equality Acts
1998-2008
EQUALITY OFFICER'S DECISION
NO: DEC-E2010-027
PARTIES
Wellard
- V -
Department of Foreign Affairs
(With the Chief State Solicitor's Office)
File references: EE/2006/466
Date of issue: 8 March 2010
Keywords
Employment equality Acts 1998-2008 - Discriminatory Treatment - Access to employment - Disability - Condition of employment - Reasonable accommodation -Prima facie case
1. Dispute
1.1. This dispute concerns a claim by Ms. Aine Wellard (hereafter "the complainant") that she was subjected to discriminatory treatment and victimisation contrary to the Employment Equality Acts by Department of Foreign Affairs (hereafter "the respondent") on the grounds of her disability. The complainant maintains that the respondent discriminated against her and failed to do all that is reasonable to accommodate her needs during her brief period of employment. She further submitted that she was victimised contrary to the Acts.
1.2. The complainant referred her first claim of discrimination to the Director of the Equality Tribunal on 21 November 2006 under the Employment Equality Acts. This claim was made on the gender ground. A subsequent complaint claiming victimisation was added on 31 July 2007. On 27 November 2009, in accordance with her powers under section 75 of the Acts, the Director then delegated these cases to Tara Coogan- 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 which date my investigation commenced. As required by Section 79(1) and as part of my investigation, I proceeded to hearing on 23 February 2010. Both parties were advised of the date of the hearing by registered post. The notification letter was forwarded to the complainant in Braille as per the complainant's request. I am satisfied that the complainant received the letter. The respondent and a number of witnesses attended on the day while the complainant did not.
2 Decision
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Acts, I issue the following decision. I find that the complainant's failure to attend a hearing was unreasonable in the circumstances of this case and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of her allegation of discrimination and/or victimisation, I conclude the investigation and find against the complainant.
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Tara Coogan
Equality Officer
8 March 2010