The Equality Tribunal
Employment Equality Acts 1998 to 2008
Decision DEC-E2011-095
PARTIES
Izabela Sobczak
(Represented by Tiernan & Co, Solicitors)
- V -
Julien Design Ltd
(Respresented by Ellen Hegarty, Solicitor)
File reference: EE/2008/741
Date of issue: 11 May 2011
Keywords - Employment Equality Acts 1998 to 2008 - Discriminatory Dismissal - Gender - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that she was subjected to discriminatory dismissal by the respondent on grounds of Gender, in terms of Section 6 and contrary to Section 8 of the Employment Equality Acts.
1.2 The complainant referred her claim of discrimination to the Director of the Equality Tribunal on 10 November 2008 under the Employment Equality Acts. On 12 January 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. Written submissions were received from both parties. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 24 March 2011. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision
1.3 The respondents attended the hearing, the complainant did not. In accordance with the normal procedures of the Tribunal the parties were notified, in writing by registered post on 11 March 2011, where and when the hearing of the complaint would take place. This notification was signed for on 14 March 2011.
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. The complainant was notified of the arrangements for the hearing in writing, by recorded delivery, effected on 14 March 2011. I find that the complainants' 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
11 May 2011