EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2012-066
Siobhan McAndrew
v
Mayo Vocational Education Committee
(represented by Mason, Hayes and Curran Solicitors)
File reference: EE/2009/766
Date of issue: 30th May 2012
Keywords: Employment Equality Act, Discrimination, Disability, Non-attendance
Dispute
This dispute concerns a complaint by Siobhan McAndrews against Mayo Vocational Education Committee. The complainant alleges that she was discriminated against on the grounds of disability in relation to training contrary to the Employment Equality Acts 1998-2008 [hereinafter referred to as 'the Acts']. She also claims harassment and victimisation.
The complainant referred her complaint under the Acts to the Director of the Equality Tribunal on 15th October 2009. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 9th May 2012 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and a Hearing was held on 22nd May 2012 as required by Section 79 (1) of the Act.
The complainant was notified, by registered post, of the hearing at the address she gave to the Tribunal. An Post records show that the registered letter was successfully delivered. She did not attend the hearing.
Decision.
In the light of the foregoing, and in accordance with Section 79(6) of the Act, 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.
_______________
Orlaith Mannion
Equality Officer