EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-162
PARTIES
Marina Vasiljeva
-V-
Daniel & Co. Grocery Limited
File reference: EE/2013/201
Date of issue: December 2015
1. DISPUTE
1.1This dispute concerns a claim by the Complainant that she was discriminated by the Respondent on the grounds of gender contrary to Section 6 (2) (a) and family status contrary to section 6 (2) (c) of the Employment Equality Acts in relation to the termination of her employment. On the 19th of December 2012 the Claimant received notification as regard to the termination of her employment with an end date on the 31st of December 2012.
1.2 The complainant referred her claim to the Director of the Equality Tribunal on 24th of April 2013 under the Employment Equality Acts. On the 24th of September 2015, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Marguerite Buckley, 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.
This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.
1.3 The Complainant was represented by Offaly Citizens Information Service Limited. On the 20th of January 2015 Ms. Ryan, development manager of Offaly Citizens Information Service Limited requested that all future correspondence should be addressed to her.
1.4 By ordinary and registered post on the 20th August 2015, the Claimants representative was advised of the hearing date 25th of September 2015.
1.5 On the 8th of September 2015 the Claimant’s representative telephoned to say that their client was currently living in Latvia and could not travel to the hearing.
1.6 The Complainant was given information as to what was required to apply for an adjournment with supporting documentation.
1.7 On the 18th of September 2015 the Complainants representative confirmed that they would not be attending the scheduled hearing on the 25th of September 2015. They confirmed they had tried to make contact with the Complainant but to no avail. They were withdrawing representation from the Claimant.
1.8 In a further telephone call on the 21st of September 2015 the representative confirmed that the Complainant was aware of the hearing date and it had been explained what was required to apply for an adjournment.
1.9 The Respondent had its representative Svetlana Vasilieva attend on their behalf at 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 held the hearing. The Complainant’s representative was notified of the arrangements for the hearing. The Complainants representative confirmed that they had spoken with the Complainant through an interpreter and that she was aware of the hearing date. I find that the complainants’ 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.
____________________
Marguerite Buckley
Equality Officer
December 2015