THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2012-150
PARTIES
Brian Kirwan
(Represented by Michelle Cronin & Co. Solicitors)
-v-
H&V Sales (Irl) Ltd
File reference: EE/2010/733
Date of issue: 13th November, 2012
1. Dispute
1.1 This dispute involves a claim by Mr. Brian Kirwan that he was discriminated against by H&V Sales (Ireland) Limited, on the grounds of his disability in terms of section 6 (2)(g) of the Employment and contrary to section 8 of the Employment Equality Acts, 1998 and 2008 in relation to access to employment, conditions of employment and training. Claims of failure to provide reasonable accommodation and victimisation have also been raised.
2.1 Mr. Kirwan referred a complaint under the Employment Equality Acts 1998 to 2008, to the Equality Tribunal on the 7th of October 2010, alleging that the respondent had discriminated against him on grounds of his disability when they failed to offer him suitable alternative employment following an illness which had necessitated the removal and reconstruction of his shoulder joint.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on the 28th of September, 2012 to me, Orla Jones, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from both parties. As required by Section 79(1) of the Acts and as part of my investigation I proceeded to a hearing on the 12th of November, 2012. A notification of the hearing date was sent to all parties by registered post.
2.3 On the day of the hearing, the respondent was in attendance but the complainant was not.
3. Decision
3.1 In light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I am satisfied that the complainant received notification of the hearing arrangements. 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 find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
____________________
Orla Jones
Equality Officer
13th of November, 2012