The Equality Tribunal
Employment Equality Acts 1998 to 2008
Decision DEC-E2012-025
PARTIES
Patricia Dillon
- V -
Nenagh Child Care Ltd
(Represented by Sinead Mullins, IBEC)
File references: EE/2009/133
Date of issue: 8 March 2012
Keywords - Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Age - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that she was subjected to discriminatory treatment 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 her claim of discrimination to the Director of the Equality Tribunal on 23 February 2009 under the Employment Equality Acts. On 9 January, 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 8 March 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 and in response the complainant informed the Tribunal that she would not be attending the hearing and sought to have the complaint dealt with on the basis of the papers submitted to date. The complainant was notified that in the circumstances of this case, where facts are in dispute, a complainant must attend the hearing to order to establish, in the first instance, facts from which discrimination may be inferred. The complainant was informed that the hearing would proceed as previously notified. The complainant was also notified if she wished to withdraw her complaint, she should do so in writing. The complainant did not withdraw the complaint. Accordingly I am satisfied that the complainant was notified of the hearing arrangements for this complaint and that it was appropriate in the circumstances to proceed with the hearing.
1.4 The respondent, their representative and witnesses 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 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
8 March 2012