Employment Equality Acts 2000 to 2011
DECISION NO: DEC-2013-18
PARTIES
Patrick Daly
(Represented by Smyth, Stapleton and Co. Solicitors)
v
Unitec Investigations Ltd. t/a Ultimate Security Solutions
(In Liquidation)
Date of Issue: 7 March 2013
File No. EE/2010/631
Keywords
Employment Equality Acts - discriminatory treatment - disability - dismissal - prima facie case - failure to attend an oral hearing
1. Dispute and delegation
1.1 This dispute concerns a claim by Mr. Patrick Daly (hereafter "the complainant") that he was discriminated against on the grounds of his disability in relation to his working conditions and his dismissal from his employment in Unitec Investigations Ltd. t/a Ultimate Security Solutions (hereafter "the respondent"). The complainant alleges that the respondent refused to consider his request for reduced working hours following submitting a letter from his GP regarding his lower limb condition and that subsequently his employment with the respondent was terminated on grounds of his disability.
1.2 The complainant referred a claim of discrimination to the Director of the Equality Tribunal on 16 August 2010 under the Employment Equality Acts. On 24 September 2012, in accordance with his powers under section 75 of the Acts, the Director then delegated the case to Valerie Murtagh- 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 hearing on 15 January 2013.
2. The hearing
2.1 Both parties were advised of the date of the hearing by ordinary and registered post on 18 December 2012. The complainant was represented by Smyth, Stapleton & Co. Solicitors. The complainant nor the respondent attended the hearing and the Tribunal has not been informed of any exceptional circumstances excusing their failure to attend. I am satisfied that section 85A clearly places an onus on the complainant to establish a prima facie case of discrimination before an investigation can proceed.
3. Decision
3.1. In accordance with Section 79(6) of the Employment Equality Acts 1998-2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I 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.
____________
Valerie Murtagh
Equality Officer
7 March 2013