The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2014-029
PARTIES
Ronald Guiao
AND
Fold Housing Association
(Represented by IBEC)
File reference: EE/2011/669
Date of issue: 15 April 2014
HEADNOTES: Employment Equality Acts – Failure to Attend - Unreasonable.
1. DISPUTE
1.1 This dispute concerns a claim by Ronald Guiao that he was discriminated against by Fold Housing Association on the grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in that he was harassed in terms of section 14A of the Acts and that he was victimised in accordance with section 74 (2) of the Acts.
1.2 The complainant referred his claim to the Director of the Equality Tribunal on 21 September 2011 under the Employment Equality Acts. On 20 December 2013, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Hugh Lonsdale, 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 both sides. Both parties were informed by letter sent registered post on 31 January 2014 that a hearing was scheduled for 15 April 2014. By letter dated 24 March 2014 the complainant’s representative informed me that they were no longer representing the complainant as they could not make contact with him. The Equality Tribunal tried to contact the complainant via the email and telephone contact details that we had but both were out of use. By letter dated 28 March 2014, which was sent registered and ordinary post to his last known address, I informed the complainant that a hearing was scheduled for 15 April 2014. The registered letter was returned “Gone Away”. The complainant did not attend the hearing.
2. DECISION
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. All reasonable efforts were made to inform the complainant of the hearing. I find that the complainants’ failure to attend such a hearing was unreasonable in the circumstances outlined above 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.
____________________
Hugh Lonsdale
Equality Officer
15 April 2014