The Equality Tribunal
Employment Equality Acts 1998 to 2011
Decision DEC-E2011-230
PARTIES
Michael Heffernan
(Represented by Aine Grogan B.L.,
instructed by D.P. Barry & Co. Solicitors)
- V -
Bayview Hotel (Killybegs) Ltd. (in receivership)
File references: EE/2009/948
Date of issue: 06 December 2011
Keywords - Employment Equality Acts 1998 to 2011 - Discriminatory Treatment - Failure to provide reasonable accommodation - Disability - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment and a failure to provide reasonable accommodation by the respondent on grounds of disability, in terms of Sections 6 & 16(3) and contrary to Section 8 of the Employment Equality Acts
1.2 The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 16 December 2009 under the Employment Equality Acts. On 22 September 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case 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 6 December 2011. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
1.3 Following receipt of a request to afford the hearing "immediate priority" because the respondent had gone into receivership on 10 November 2011 the complainant was informed by way of letter dated 15 November 2011 that the hearing of this matter would take place on 6 December 2011. Notification of the hearing details were copied to the respondent, the respondent's former legal representative and the receiver. An adjournment request from the complainant's representative was received by fax in the Tribunal at 4.29pm on 5 December 2011 citing matters referring to another company which was not a party to this complaint. The adjournment request was refused and this decision was communicated to the complainant (and the receiver) by fax at 4.57pm and both parties were reminded that the hearing would proceed as previously advised to them. Accordingly I am satisfied that the complainant was notified of the hearing arrangements for this matter.
1.4 The complainant did not attend the hearing of this matter, however a barrister did attend on their behalf to seek an adjournment on the basis of the unavailability of another barrister. This request was not granted. The respondent did not attend 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. I am satisfied that the complainant was notified of the arrangements for the 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 allegations of discrimination, I conclude the investigation and find against the complainant.
Conor Stokes
Equality Officer
6 December 2011