THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC-E2013-160
PARTIES
Malgorzata Anielska
-V-
Industrial Temps (Ireland) Limited
File Reference: EE/2011/359
Date of Issue: 29th November 2013
Keywords: Employment Equality Acts 1998-2011, Section 6(1) - less favourable treatment, Section 6(2)(h) – Race, Section 8- conditions of employment, discriminatory dismissal, failure to attend hearing
1. Dispute
1.1 This dispute concerns a claim by a complainant that she was discriminated against by the above named respondent on the race grounds, in terms of Sections 6(1) and 6(2)(h) of the Employment Equality Acts 1998-2011, and pursuant to section 8 in relation to her conditions of employment. She also claims discriminatory dismissal contrary to section 8.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on the 19th March 2013 alleging that the respondent discriminated against her contrary to the Acts. In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2011 the Director delegated the case on the 27th September, 2013 to me, Marian Duffy, 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 the complainant on the 16th of August 2011 and from the respondent on the 12th October 2011. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on the 27th November, 2013.
3. History of the Case
3.1 On the 30th of March 2011 the complainant’s representative referred a complaint on his behalf claiming discriminatory treatment on the race ground in relation to her conditions of employment and dismissal. A hearing in the matter was set for the 17th of April 2013 and the complainant and her representative confirmed attendance. The matter was adjourned on the 16th of April at the request of the complainant. On the 8th of May 2013, her representative requested the relisting of the case. On the 9th of September 2013, the complainant’s representative was notified by registered post that a hearing in the case would take place on the 27th of November 2013. I sat to hear the case as notified. Neither the complainant nor her representative attended the scheduled hearing. The registered post was checked and it was confirmed that the letter notifying the date of the hearing was delivered to the complainant’s representative.
4. Conclusions of the Equality Officer
4.1 I am satisfied the complainant’s representative was properly notified that a hearing in his case was scheduled for the 27th of November 2013 and it is matter for the representative to inform the complainant of the hearing. I find therefore, that the complainant's failure to attend the Tribunal hearing was unreasonable in the circumstances and I find against the complainant under Section 79 of the Acts.
5. Decision
5.1 In the light of the foregoing, and in accordance with Section 79(6) of the Act, 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 obligations 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.
_______________________
Marian Duffy
Equality Officer
29th November 2013