Employment Equality Acts 1998-2008
Decision DEC-E2010-191
Gerli Parman
(Represented by Richard Grogan & Associates)
- V -
Pauline Maquire t/a Toffee & Thyme
(Represented by Garahy Breen & Co., Solicitors)
File references: EE/2007/212
Date of issue: 12 October 2010
Headnotes: - Employment Equality Acts - Discriminatory Treatment - Conditions of Employment - Harassment - Race - Prima Facie case.
1. DISPUTE
1.1 This dispute concerns a claim by Ms Gerli Parman that she was discrimined against in relation to conditions of employment in terms of section 8(1)(b) of the Employment Equality Acts and that she was harassed in terms of section 14A of the Acts by Pauline Maquire t/a Toffee & Thyme on the grounds of race in terms of section 6(2)(h) of the Acts.
1.2 The complainant referred her claim to the Director of the Equality Tribunal on 30 April 2007 under the Employment Equality Acts. On 20 October 2009, in accordance with her powers under section 75 of the Acts, the Director then delegated the case to me, Hugh Lonsdale, 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 1998 to 2008 on which date my investigation commenced. Submissions were sought and received from the parties. As required by Section 79(1) and as part of my investigation, I proceeded to hearing on 29 September 2010.
2. CONCLUSIONS OF THE EQUALITY OFFICER
2.1 In cases such as this responsibility rests with the complainant in the first instance to establish a prima facie case of discrimination. The complainant did not attend the hearing on 29 September 2010 and therefore did not establish a prima facie case.
2.2 The Equality Officer informed the complainant's representative of the hearing details well in advance of the hearing, on 28 June 2010. The day before the hearing her representative advised the Tribunal that they had been unable to obtain instruction from the complainant. Then, later that day, they advised the Tribunal that they had received confirmation from the complainant that she would be attending the hearing. In the circumstances I am satisfied that the complainant was aware of the details of the hearing.
3. DECISION
3.1 In accordance with Section 79(6) of the Employment Equality Acts, I issue the following decision. As part of my investigation under Section 79 of the Acts, 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.
Hugh Lonsdale
Equality Officer
12 October 2010