THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 - 232
PARTIES
Ms. Anna Krilova
(represented by Richard Grogan & Associates, Solicitors)
and
Gul Badshaw t/a Jager Restaurant
(represented by Henry Arigho & Co., Solicitors)
File Reference: EE/2008/028
Date of Issue: 22nd November, 2010
Decision DEC - E2010 - 232
1. Claim
1.1 The case concerns a claim by Ms. Anna Krilova that she was discriminated against by the respondent on the grounds of gender, marital status and race contrary to Sections 6(2)(a), (b) and (h) of the Employment Equality Acts 1998 to 2008, in terms of discriminatory treatment. She also claims that she was subjected to harassment and sexual harassment contrary to Section 14A of the Acts.
1.2 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on the 21st January 2008. On the 14th October 2010, in accordance with his powers under Section 75 of the Acts, the Director delegated the case to me, James Kelly, 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 a hearing on the 19th November 2010. The parties were notified of this date by registered post. On the day of the hearing neither the complainant or the respondent were in attendance. The complainant's legal representative was in attendance. I started the hearing at 2:30pm as scheduled and adjourned the hearing of the case for 15 minutes to allow for the complainant's legal representative try to get in contact with the complainant. However, the complainant did not present herself within that time and her legal representative was unable to get in contact with her. I contacted the Tribunal's administrative staff to see if either party had made contact with the Equality Tribunal directly to explain their absence. I was informed that they had not.
2. Decision
2.1 In 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.
___________________
James Kelly
Equality Officer
22nd November, 2010