The Equality Tribunal
Employment Equality Acts
Decision DEC-E2010-204
PARTIES
A Complainant
(Represented by a firm of solicitors)
- V -
A Respondent
(Represented by a firm of solicitors)
File reference: EE/2007/683
Date of issue: 20 October 2010
Keywords - Employment Equality Acts - Discriminatory Treatment - Discriminatory Dismissal - Harassment - Sexual Harassment - Race - Prima Facie case
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that she was subjected to discriminatory treatment, discriminatory dismissal, harassment and sexual harassment by the respondent on grounds of race, in terms of Section 6 and 14A of the Employment Equality Acts, and contrary to Section 8 of those Acts.
1.2 The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 21 December 2007 under the Employment Equality Acts. On 16 April 2010, in accordance with her powers under section 75 of the Acts, the Director then delegated the cases to Conor Stokes - 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 a hearing on 13 October 2010.
1.3 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 21 April, 2010 that a hearing on the complaint would take place at 3 Clonmel Street, Dublin 2 on 13 October, 2010 commencing at 10:30am. This notification was sent by recorded post and was acknowledged by the complainant. Neither party appeared at the hearing.
2. DECISION
2.1 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. The parties were notified of the arrangements for the hearing in writing, by recorded delivery, on 21 April, 2010. 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.
Conor Stokes
Equality Officer
20 October 2010