The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-071
PARTIES
Denisa Tunyiova
(Represented by SIPTU)
AND
Kellsydan Ltd. t/a McDonalds Restaurant
Represented by (IBEC)
File reference: EE/2013/055
Date of issue: 27 August 2015
HEADNOTES: Employment Equality Acts, 1998 to 20118, Sections 6 and 14A – Race - Failure to Attend - Unreasonable.
1. Background to Claim
1.1 This dispute concerns a claim by Denisa Tunyiova (hereinafter the “Complainant”) that she was discriminated against by Kellsydan Ltd. t/a McDonalds Restaurant (hereinafter the “Respondent”) on the grounds of race contrary to section 6 (2) (a) of the Employment Equality Acts 1998 to 2011.
1.2 The Complainant referred her claim to the Director of the Equality Tribunal on 19th February 2013 under the Acts. In July 2015, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Caroline McEnery, 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. In accordance with Section 79 (1) of the Acts and as part of my investigation we informed both parties by letter sent registered and ordinary post on 5th June 2015that we had scheduled a hearing for 22nd July 2015. The complainant did not attend the hearing but his representative was in attendance. The Respondent did attend the hearing.
2. DECISION
2.1 In accordance with Section 79(6) of the Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The complainant was notified of the arrangements for the hearing in writing. 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 allegations of discrimination, I conclude the investigation and find against the Complainant.
____________________
Caroline McEnery
Equality Officer
27 August 2015