The Equality Tribunal
Employment Equality Acts 1998 to 2011
Decision DEC-E2012-044
PARTIES
Sinead Mulhall
- V -
Corporate Audio Visual Services
(Represented by Vanessa Fitzpatrick, ESA Consultants)
File references: EE/2009/949
Date of issue: 19 April 2012
Keywords - Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Harassment - Victimisation - Gender - Sexual Orientation - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that she was subjected to discriminatory treatment, harassment and victimisation by the respondent on grounds of gender and sexual orientation, in terms of Sections 6, 14A and 74 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 5 January 2010 under the Employment Equality Acts. On 22 February, 2012, 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 19 April 2012. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
1.3 The date of the hearing was notified to the parties by registered post. The registered notification to the complainant was returned to the Tribunal unopened and another notification was sent out by ordinary post. Accordingly I am satisfied that the complainant was notified of the hearing arrangements at the most recent address provided by her. In the circumstances, I consider that it was appropriate to proceed with the hearing.
1.4 The respondent's representative attended the hearing of this matter, the complainant did not.
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 notification of the arrangements for the hearing was sent to the complainants most recent contact address. 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
19 April 2012