THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998 - 2008
Decision DEC - E2011 - 098
PARTIES
Ms Bernie Greally on behalf of her son Darren O'Shaughnessy
and
FÁS
(represented by William Fry, Solicitors)
File Reference: EE/2007/551
Date of Issue: 24th May, 2011
Decision DEC - E2011- 098
1. Claim
1.1 The case concerns a claim brought by Ms. Bernie Greally acting on behalf of her son Darren O'Shaughnessy that he was discriminated against by the respondent on the grounds of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998-2008 in relation to failure to provide proper facility or service to assist him to gain access to employment in terms of Sections 8(1)(c) and 16(3) of the Acts.
1.2 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on the 11th October 2007. On the 12th May 2010, in accordance with his powers under Section 75 of the Acts, the Director delegated the case to me, James Kelly, 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 wrote to the parties on the 15th February 2011 informing them that I had scheduled this case for a hearing for the 19th May 2011. The representative for the complainant sought a short adjournment, which was granted, and on the 1st March 2011 both parties were issued with details of the new hearing date, the 24th May 2011, by Registered Post.
1.3 On the 20th May 2011 the complainant's representative sought another adjournment on the basis that it was having difficulty making contact with the complainant. The adjournment application was refused on the basis that the hearing was set some 12 weeks prior to the hearing date and that the application for adjournment was only received 2 working days prior to the hearing date. On the 23rd May 2011, the complainant's representative came off record for the complainant for this case. I asked the Equality Tribunal's secretariat to confirm with the complainant's representative that it had forwarded notification of the hearing for the 24th May 2011 to the complainant, which it confirmed that it had. I am therefore satisfied that all reasonable efforts had been made to inform the complainant of the hearing.
1.4 On the day of the hearing the respondent was in attendance. The complainant was not in attendance. I started the hearing at 11am as scheduled and adjourned the hearing of the case for 15 minutes to allow for the complainant time to present herself to give evidence. However, the complainant did not do so. I contacted the Tribunal's administrative staff to see if the complainant had made contact with the Equality Tribunal directly to explain her absence. I was informed that she had not.
2. Decision
2.1 In 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.
___________________
James Kelly
Equality Officer
24th May 2011