THE EQUALITY TRIBUNAL
EQUAL STATUS ACTS 2000-2011
Decision DEC – S2014 – 014
PARTIES
Mr John Hogan
and
An Garda Siochana
File Reference: ES/2012/0054
Date of Issue: 25th September 2014
Keywords: no show – no prima facie case – obligation pursuant to S. 25 of the Acts has ceased.
1. Claim
1.1. The case concerns a claim by Mr John Hogan that An Garda Siochána discriminated against him on the ground of race contrary to Sections 3(2)((h) of the Equal Status Acts 2000 to 2011, in terms of discriminatory treatment and harassment in connection with the provision of a public service within the meaning of S. 2 of the Acts, and victimisation contrary to S. 3(2)(j) of the Acts.
1.2. The complainant referred a complaint under the Equal Status Acts 2000 to 2011 to the Director of the Equality Tribunal on 12 May 2012. A number of submissions were received from the complainant, including on 26 July 2012, 18 September 2012 (which contains the complainant’s victimisation complaint), and 25 March 2013. A submission was received from the respondent on 20 May 2013. On 3 July 2014, in accordance with his powers under S. 25 of the Acts, the Director delegated the case to me, Stephen Bonnlander, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Acts. On this date my investigation commenced. As required by Section 25(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 24 September 2014. The respondent was in attendance at the hearing. The complainant did not attend, even though it was clear from previous correspondence with me that he was aware of the hearing date and time. The complainant did not contact the Tribunal prior to the hearing to explain his non-appearance, for example by telephone. The last piece of correspondence relating to the complaint was received on 24 September 2014, after the hearing was closed, and contains a complaint by the complainant regarding an adjournment request made by him at the end of August, which I had refused by letter to the complainant dated 1 September 2014. However, the letter does not contain information as to the complainant’s non-appearance, either. No further contact was made by the complainant in this matter.
2. Decision
2.1. In the light of the foregoing, and in accordance with Section 25(4) of the Equal Status Acts 2000 to 2011, I issue the following decision: As part of my investigation under Section 25 of the Act, I am obliged to hold a hearing into the matter. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, harassment and victimisation I conclude the investigation of this complaint and find against the complainant.
______________________
Stephen Bonnlander
Equality Officer
25 September 2014