The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-043
PARTIES
A Complainant
AND
A Charity
(Represented by DAC Beachcroft Dublin, Solicitors)
File reference: EE/2013/008
Date of issue: 8th July 2015
HEADNOTES: Employment Equality Acts – Failure to Attend – Unreasonable - Expenses.
1. DISPUTE
1.1 This dispute concerns a claim by the Complainant that she was discriminated against by the Respondent on the grounds of gender and disability contrary to Section 6(2)(a) & (g) of the Employment Equality Acts in relation to access to employment arising from her application for a position with the Respondent and consequent interview process and non-selection pursuant to Section 8(1)(a) of the Employment Equality Acts. In a subsequent submission received by the Equality Tribunal on 29 May 2013, the Complainant also referred to discrimination arising from the same set of facts on the ground of sexual orientation pursuant to Section 6(2)(d) of the Employment Equality Acts and made serious allegations against various employees of the Respondent in this respect.
1.2 The Complainant referred her claim to the Director of the Equality Tribunal on 9 January 2013 under the Employment Equality Acts. The Complainant was representing herself. By email dated 16 January 2014, the Complainant informed the Equality Tribunal of a change of address and the Tribunal’s records were updated accordingly. On 23 March 2015, the Equality Tribunal contacted the Complainant by telephone and she confirmed that she still intended pursuing her claim. On 25 May 2015, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Aideen Collard, 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 had been received from both sides. Both parties were informed by letter sent by registered post on 8 May 2015 that a hearing of the claim was scheduled for Thursday 4 June 2015 in Lansdowne House, Lansdowne Road, Dublin 4 commencing at 10.30am. The letter was signed for as having been received on behalf of the Complainant. The Complainant did not make any application for an adjournment and did not attend the hearing by 11.30am. Nor did the Complainant notify the Equality Tribunal or the Respondent that she would not be attending the hearing.
1.3 The Solicitor for the Respondent had sought to deal with the matter on a preliminary basis under Section 77A of the Employment Equality Acts, and have the claim dismissed owing to what he submitted was a baseless claim premised on manifestly untrue allegations made in bad faith and also deliberately brought to impose hardship on the Respondent Charity. When the Complainant did not appear for the hearing, the Solicitor for the Respondent sought liberty to make an application for expenses under Section 99A of the Employment Equality Acts on this basis and also as the Respondent had the inconvenience and expense of bringing additional witnesses (all Dublin-based) to attend specifically to meet the serious allegations made by the Complainant. I indicated that there would have to be some evidence before the Equality Tribunal that the Complainant had sought to deliberately obstruct or impede this investigation before considering such an application and if such information came to light within the next 48 hours, the Equality Tribunal would notify the Respondent and allow two weeks to make an application for expenses. The Equality Tribunal has not been in receipt of any further information regarding the Complainant’s non-attendance 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 am obliged to hold a hearing. All reasonable efforts were made to inform the Complainant of the hearing. I find that the Complainant’s 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. I also acknowledge the inconvenience and cost to the Respondent in meeting this claim and bringing witnesses to the hearing to defend the allegations. Although I am of the view that this is a borderline case, in the absence of any further information regarding the Complainant’s non-attendance at the hearing, on balance, I do not propose making an award for expenses under Section 99A of the Employment Equality Acts.
____________________
Aideen Collard
Equality Officer
8th July 2015