THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011 - 012
PARTIES
Mr James Prew
and
The Office of Public Works
File References: EE/2008/216
Date of Issue: 26th January 2011
Claim
1.1. The case concerns a claim by Mr James Prew that the Office of Public Works discriminated against him on the ground of age contrary to Section 6(2)(f) of the Employment Equality Acts 1998 to 2008, in terms of access to employment.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 9 April 2008. A submission was received from the complainant on 21 November 2008. A submission was received from the respondent on 31 December 2008. On 20 July 2010, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, 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 hold a joint hearing of the case on 26 January 2011. The complainant was informed of the date on 23 July 2010 by registered letter. At the time set for the hearing, the respondent appeared before the Tribunal, but the complainant did not. Tribunal staff contacted the complainant by telephone and learned that the complainant had recently experienced health problems. However, no adjournment request in relation to same had been received by the Tribunal. The complainant was offered a postponement of the hearing by one hour and agreed to appear before the Tribunal at the new time, as he stated he felt fit to do so. The respondent consented to this. At the set time, the complainant still did not appear.
Decision
1.3. In the 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.
______________________
Stephen Bonnlander
Equality Officer
26 January 2011