The Equality Tribunal
Employment Equality Acts 1998 – 2011
Equality Officer Decision No: DEC-E/2014/054
PARTIES
An Employee
(Represented by SIPTU)
v
Enterprise Ireland
Date of Issue: 22 July 2014 File No. EE/2012/012
1. Dispute
1.1 This dispute involves a claim by the complainant that she was discriminated against by Enterprise Ireland on grounds of disability, in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on 22 December 2011 alleging that the respondent had discriminated against her on grounds of disability.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008, the Director delegated the case on 14 May, 2014 to me, 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 those Acts This is the date I commenced my investigation. Written submissions were received from both parties.
2.3 On the day of the hearing, the complainant was not in attendance.
3. Decision
3.1 In light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 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 am satisfied that the complainant received notification of the hearing arrangements. 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 find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
__________________
Valerie Murtagh
Equality Officer
22 July, 2014