The Equality Tribunal
Employment Equality Acts 1998 to 2008
Decision DEC-E2011-103
PARTIES
Stuart Dunne
- V -
The Gate Theatre
(Represented by Anne Byrne, IBEC)
File references: EE/2007/538
Date of issue: 1 June 2011
Keywords - Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Disability - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment by the respondent on grounds of disability, in terms of Section 6 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 30 November 2007 under the Employment Equality Acts. On 22 March 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 24 May 2011. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
1.3 Originally, it was envisaged that this case would be listed with another case on 24 May 2011 and a letter indicating the arrangements was issued by registered post to the complainant. This letter was signed for by the complainant. Subsequently the respondents in the two cases indicated that they wished the cases to be heard separately. On the basis of the respondent's arguments, it was decided to list the two cases separately, one on the morning of 24 May 2011, the other that afternoon. The complainant was notified of these revised arrangements in a letter dated 31 March 2011. The complainant wrote a detailed letter to the Tribunal, dated 7 April 2011, in which he referred to both items of correspondence and to the arrangements for the hearing. In the letter of response to the complainant's latest correspondence, the date, place and time of the hearing were set out again. Accordingly I am satisfied that the complainant was notified of the hearing arrangements for this matter.
1.4 The respondent, their representative and a witness attended the hearing of this matter, the complainant did not.
1.5 The complainant attended the offices of the Tribunal on 25 May 2011 and indicated that he had made a mistake and mixed up the dates for the hearing. He indicated that this mix-up was due to his disability. Notwithstanding the foregoing I note, however, that at no time prior to the hearing did the complainant seek verbal clarification of the dates of the hearing from the Tribunal or seek to have any measures put in place in relation to the arrangements for, or notification of, this hearing. Furthermore, no reference was made to difficulties in reading the date of the hearing in his detailed correspondence sent to the Equality Officer.
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
1 June 2011