THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011 - 055
PARTIES
Ms Annette Young (represented by Mr Augustine Mamedou, GM Solicitors)
and
Mountview Family Resource Centre
(represented by Ms Eugenie Houston, B.L., instructed by James P. Evans, Solicitors)
File References: EE/2008/684
Date of Issue: 16th March 2011
1. Claim
1.1. The case concerns a claim by Ms Annette Young that Mountview Family Resource Centre discriminated against her on the ground of race contrary to Section 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of promotion/re-grading, harassment, discriminatory dismissal, and equal pay.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 13 October 2008. A valid complaint with regard to Equal Pay was received by the Tribunal on 31 January 2011. A submission was received from the complainant on 14 April 2009. A submission was received from the respondent on 27 May 2009. On 27 January 2011, 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.
2. Complaint of Equal Pay
2.1. With regard to the complainant's complaint of equal pay, I proceeded to hold a joint preliminary hearing of the complaint on 17 February 2011. Both parties were notified of this hearing by registered post. On the relevant date, the respondent and its legal representatives were in attendance. Neither the complainant nor her representative were in attendance at the notified time. I postponed the hearing for half an hour in case the party had been delayed. At the new hearing time, the party was still not in attendance, and had made no contact with the Tribunal to explain their situation.
2.2. 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 on the complainant's complaint of equal pay, received by the Tribunal on 31 January 2011. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing into the matter. 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 in terms of pay I conclude the investigation of this complaint and find against the complainant.
3. Complaint of Discrimination
3.1. 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 10 March 2011 to investigate the complainants claims of promotion/re-grading, harassment and discriminatory dismissal. The respondent and its legal representatives were in attendance, as was the representative of the complainant, who advised me that his client had accepted a position in the UK, and despite his attempts to convey the importance of her appearing before the Tribunal to give evidence in her case, had elected not to attend
3.2. 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 on the complainant's complaint of discrimination, harassment and discriminatory dismissal. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing into the matter. 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 in terms of pay I conclude the investigation of this complaint and find against the complainant
______________________
Stephen Bonnlander
Equality Officer
16 March 2011