The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2013-114
PARTIES
Brigita Masaityte
(Represented by Richard Grogan & Associates)
AND
Seamus McQuaid
File reference: EE/2010/383
Date of issue:13 September 2013
HEADNOTES: Employment Equality Acts - Sections 6 and 8 - Race - Training, Conditions of employment, discriminatory dismissal,.
1. DISPUTE
1.1 This dispute concerns a claim by Ms Brigita Masaityte that she was discriminated against by Mr Seamus McQuaid on grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in relation to training, conditions of employment and dismissal in terms of sections 8 of the Acts.
1.2 Through her legal representative, the complainant referred a claim to the Director of the Equality Tribunal on the 10th February 2010. On 2nd May 2013, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Peter Healy, 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. Submissions were received from the complainant only. In accordance with Section 79 (1) of the Acts and as part of my investigation I proceeded to a hearing on 31st May 2013.
2. FINDINGS & CONCLUSIONS OF THE EQUALITY OFFICER
2.1 On the 28th February 2013, the Tribunal notified both parties by registered and ordinary post that a hearing of the case would take place on the 31st May 2013 in the offices of the Public Appointments Service in Dublin. I sat to hear the case as notified. Neither the complainant nor the respondent attended the hearing as scheduled. The complainants' legal representative did attend.
3. Conclusions of the Equality Officer
3.1 I am satisfied that the complainant was on notice that a hearing in her case was scheduled for the 31st May 2013.
4. Decision
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 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.
_______________________
Peter Healy
Equality Officer
13 September 2013