The Equality Tribunal
Equal Status Acts 2000 to 2011
DECISION NO: DEC-S2012-013
Parties
Mitchell
V
Nenagh Town Council
File No. ES/2011/0074
Date of Issue: 16 April 2012
Keywords
Equal Status Acts 2000 to 2011 - Discrimination, section 3 - disability ground, section 3(2)(g) - Victimisation, section 3(2)(j) - Less favourable treatment, section 5(1) - failure to attend a hearing
1. Delegation under the Equal Status Acts 2000 to 2004
1.1. Mr. Joseph Mitchell referred a claim to the Director of the Equality Tribunal under the Equal Status Acts on 9 June 2011. In accordance with his powers under section 75 of the Employment Equality Acts, 1998 - 2011, the Director then delegated the case to me, Conor Stokes, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under part III of the Equal Status Acts. The investigation under section 25 commenced on 16 March 2012. A hearing was scheduled for 11 April 2012.
2. Dispute
2.1. The dispute concerns a complaint by Mr. Mitchell that he was treated contrary to section 5(1), and was further victimised by the respondent. The respondent was notified in January 2011 in accordance with the provisions of the Acts.
3. Hearing
3.1. A hearing was scheduled to take place in Nenagh on 11 April 2012. The parties were notified by telephone and in writing by registered post. The respondent attended along with their legal representatives and a number of witnesses, the complainant did not attend the hearing.
4. Decision
4.1. Section 38A (1) of the Equal Status Acts 2000 to 2011 sets out the burden of proof which applies to claims of discrimination. It requires the complainant to establish, in the first instance, facts upon which he can rely in asserting that he suffered discriminatory treatment. It is only where such a prima facie case has been established that the onus shifts to the respondent to rebut the inference of discrimination raised.
4.2. As the complainant failed to attend the hearing, and I am satisfied that he was formally notified, I find that the complainant has failed to establish a prima facie case of discrimination. Therefore, under section 25(4) of the Acts, I conclude this investigation and find in favour of the respondent.
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Conor Stokes
Equality Officer
April 2012