The Equality Tribunal
Employment Equality Acts 1998 to 2011
Decision DEC-E2011-191
PARTIES
Michael Conneely
(Represented by Michael Landers, IMPACT)
- V -
Irish Helicopters Ltd.
(Represented by Michael MacNamee, BL,
instructed by DAS Group)
File references: EE/2009/111
Date of issue: 11 October 2011
Keywords - Employment Equality Acts 1998 to 2011 - Discriminatory Treatment - Discriminatory Dismissal - Age - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment and discriminatory dismissal by the respondent on grounds of age, 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 12 February 2009 under the Employment Equality Acts. On 27 June 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 11 October 2011. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
1.3 The notification for this hearing issued from the Tribunal on 15 July 2011. Immediately prior to the start of the hearing, the complainant's representative informed the Equality Officer that his client would not be in attendance as he had emigrated. Accordingly I am satisfied that the complainant was notified of the hearing arrangements for this matter.
1.4 The respondent and their representatives attended the hearing of this matter, as did the complainant's representative. The complainant did not attend, and no request for adjournment or postponement was received in advance of the hearing.
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
11 October 2011