Equal Status Acts
2000-2008
EQUALITY OFFICER'S DECISION
NO: DEC-S2010-045
PARTIES
A separated father
- V -
A National School
File references: ES/2008/219
Date of issue: 15 September 2010
Keywords
Equal Status Acts 2000-2008 - Discriminatory Treatment - Gender - Family Status - Marital Status - No Prima facie case
1. Dispute
1.1. This dispute concerns a claim by a separated father (hereafter "the complainant") that he was subjected to discriminatory treatment contrary to the Equal Status Acts by a National School (hereafter "the respondent") on the ground of his gender, marital status and family status. The complainant maintains that the respondent discriminated against him by ignoring his request that his son repeat 6th class in school and by avoiding contact with the complainant regarding the issue, during the school year.
1.2. The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 8 October 2008 under the Equal Status Acts. On 7 May 2010, in accordance with his powers under section 75 of the Acts, the Director then delegated this case to Elaine Cassidy - 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 25 and as part of my investigation, I proceeded to hearing on 15 September 2010.
2. Case for the complainant
2.1. Both parties were advised of the date of the hearing by registered post and ordinary post on 12 May 2010. The respondent was present, but the complainant did not attend the hearing. On the morning of the hearing, the Tribunal Secretariat tried to contact the complainant on his mobile phone and his landline. Both numbers appeared to be disconnected. The complainant did not inform the Tribunal of any change of address nor did he contact us with any change of contact telephone number.
3. Decision
3.1. In accordance with Section 25(4) of the Equal Status Acts, 2000 to 2008, I issue the following decision. As part of my investigation under Section 25 of the Act, I am obliged to hear all interested persons. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under 25(1) to hear the interested persons has ceased. As no evidence was given at the hearing I find that no evidence of discrimination was presented. Accordingly, I conclude the investigation and find against the complainant.
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Elaine Cassidy
Equality Officer
15 September 2010