THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2012 - 060
PARTIES
Ms Aida Zemaitaitene (represented by Richard Grogan and Associates, Solicitors)
and
Dilion Ltd
File References: EE/2010/137
Date of Issue: 23rd May 2012
1. Claim
1.1. The case concerns a claim by Ms Aida Zemaitaitene that Dilion Ltd discriminated against her on the ground of gender and race contrary to Sections 6(2)(a) and (h) of the Employment Equality Acts 1998 to 2008, in terms of training, conditions of employment and discriminatory dismissal.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 24 February 2010. A submission was received from the complainant on 6 September 2010. Copies of documents submitted in evidence were received from the respondent on 20 October 2010. On 26 April 2012, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, 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 proceeded to hold a joint hearing of the case on 23 May 2012. Both parties were notified of this hearing date by registered post, and at the day of the hearing, the complainant's representative was in attendance. However, the complainant herself failed to attend. When contacted by her representative, she claimed to have misremembered the hearing date. Her representative accepted that under the circumstances, the case would fail for want of prosecution.
2. Decision
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2011, 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.
______________________
Stephen Bonnlander
Equality Officer
23 May 2012