DECISION NO: DEC-E/2012/154
PARTIES
PUODZIUNAITE
(REPRESENTED BY RICHARD GROGAN AND ASSOCIATES - SOLICITORS)
-v-
MANUEL AND KRISTINA LTD.
File No: EE/2010/661
Date of issue: 19 November, 2012
Headnotes: Employment Equality Acts 1998-2008 - sections 6,8& 79 -race- discriminatory treatment - prima facie case - non attendance at Hearing.
1. BACKGROUND
1.1 The complainant (Ms. Jurgita Puodziunaite) referred a complaint under the Employment Equality Acts, 1998 -2008 to the Equality Tribunal on 30 August, 2010 alleging that the respondent had (i) discriminated against her on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 -2008, contrary to section 8 of those Acts; (ii) harassed her on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 -2008, contrary to section 14A of those Acts and (iii) dismissed her in circumstances amounting to discrimination on grounds of race in terms of section 6(2) of the Employment Equality Acts, 1998-2008 contrary to section 8 of those Acts. In accordance with his powers under the Employment Equality Acts, 1998-2011 the Director delegated the complaint to the undersigned - Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 26 October, 2012, the date it was delegated to me.
1.2 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 24 August, 2012 that a Hearing on the complaint would take place at Chapter House, Dublin on 16 November, 2012 commencing at 10:30am. This notification was sent by recorded delivery to the parties' representatives. The solicitors on record for the respondent at that time replied on 29 August, 2012 advising that the respondent had ceased trading and that it had no further instructions in the matter. The Tribunal reissued written notification of the Hearing to the respondent at its registered address (by recorded and ordinary delivery) and both of these letters were subsequently returned to the Tribunal marked "gone away". The complainant's solicitor received the correspondence dated 24 August, 2012 and three days before the scheduled Hearing confirmed with the Tribunal by e-mail that the complainant would attend the Hearing. However, the complainant did not attend the Hearing and her solicitor, who was present, informed the Equality Officer that the complainant was aware of the Hearing arrangements and had advised her just moments before the Hearing was scheduled to commence that she (the complainant) would not be attending as she had forgotten about the Hearing. In response to a question from the Equality Officer the complainant' solicitor stated that she had no instructions to withdraw the complaint from the Tribunal.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with section 79(6) of the Employment Equality Acts, 1998-2011 I issue the following decision. Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the complainant received notification of the Hearing arrangements and failed to attend due to an oversight on her part. I am not satisfied that this amounts to a reasonable excuse. I therefore find that the complainant's failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegations of unlawful treatment in terms of the Acts I conclude the investigation and find against the complainant.
_____________________________________
Vivian Jackson
Equality Officer
19 November, 2012