THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011-136
Bernadette Murray
versus
ISS Ireland Ltd.
(represented by Irish Business and Employers Confederation)
File reference: EE/2008/713
Date of issue: 4th July 2011
Keywords: Employment Equality Act, Discrimination, Disability, Conditions of Employment, Non-attendance
Dispute
This dispute concerns a complaint by Bernadette Murray against ISS Ireland Ltd. The
complainant alleges that she was discriminated against on the grounds of disability in relation to access to employment, conditions of employment to the Employment Equality Acts 1998-2008 [hereinafter referred to as 'the Acts']. She also claims victimisation and that a provision of a collective agreement is discriminatory.
The complainant referred her complaint under the Act to the Director of the Equality Tribunal on 28th October 2008. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 6th May 2011 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and a Hearing was held on 10th May 2011 as required by Section 79 (1) of the Acts.
Conclusions of the Equality Officer
Non-attendance of the complainant
The parties were notified of the date of the hearing, by registered post, on 10th March 2011. I am satisfied that all reasonable efforts have been made to inform the complainant of the hearing. However, she did not attend. In the light of the foregoing and in accordance with Section 79(6) of the Acts, 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 failure of Bernadette Murray 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 in relation to this complainant, I conclude the investigation of her complaints and find against the complainant.
________________
Orlaith Mannion
Equality Officer