Employment Equality Acts
Decision DEC-E2013-020
PARTIES
Stacy Dowd
(Represented by Walter A Smithwick & Son, Solicitors)
- V -
Elverys Sport
(Represented by Ronan Daly Jermyn)
File references: EE/2011/141
Date of issue: 13 March 2013
Keywords - Employment Equality Acts - Discriminatory Treatment - Discriminatory Dismissal - Harassment - Victimisation - Victimisatory Dismissal - Gender - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that she was subjected to discriminatory treatment, discriminatory dismissal, harassment, victimisation, and victimisatory dismissal on the gender ground, in terms of Sections 6, 14 and 74, contrary to Section 8 of the Employment Equality Acts
1.2 The complainant referred her claim of discrimination to the Director of the Equality Tribunal on 24 January 2011 under the Employment Equality Acts. On 29 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 13 March 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 parties by registered post to the representatives' addresses on file.
1.4 Neither the complainant nor the respondent attended the scheduled hearing. The respondent indicated their consent to having the complaint withdrawn by the complainant's representatives by email shortly before close of business on the day prior to the hearing.
1.5 No withdrawal notification was received from the complainant or from her legal representatives on file. As the onus is on the complainant to notify the Tribunal of the withdrawal of a complaint, this case proceeded to hearing.
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
13 March 2013