Decision DEC-E2013-015
PARTIES
Thomas O'Reilly
-V-
Compass Group Catering (Ire) Ltd
(Represented by Brian O'Sullivan, IBEC)
File references: EE/2010/864
Date of issue: 1 March 2013
Keywords - Employment Equality Acts - Victimisation - Failure to provide reasonable accommodation - disability - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that he was subjected to victimisation and that the respondent failed to provide reasonable accommodation on the disability ground, in terms of Sections 6 and 74, contrary to Section 8 of the Employment Equality Acts
1.2 The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 15 November 2010 under the Employment Equality Acts. On 9 January, 2013, 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 26 February 2013. 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 complainant by registered and ordinary post at the address on file.
1.4 The respondent, their representative and a witness 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
1 March 2013