The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-2015-061
PARTIES
Valentina Ciobanu
AND
A&E Diners Ltd ( In liquidation)
And A Restaurant Manager
File reference: EE/2012/469
EE/2012/502
Date of issue: 31st July 2015
1. DISPUTE
This dispute concerns a claim Valentina Ciobanu that she was discriminated against by A&E Diners Ltd and A Restaurant Manager on grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in relation to conditions of employment and harassment.
1.2 The complainant referred a claim, through her legal representative, to the Director of the Equality Tribunal on the 6th September 2012. On the 22nd May 2015, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Peter Healy, 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 the complainant. In accordance with Section 79 (1) of the Acts and as part of my investigation I proceeded to a hearing on the 30th July 2015.
2. FINDINGS & CONCLUSIONS OF THE EQUALITY OFFICER
2.1 On 16th June 2015, the Tribunal notified both parties by registered and ordinary post that a hearing of the case would take place on 30 July 2015. The complaints representative responded that they were unable to get further instructions from their client. On the 20th of July 2015, the Tribunal wrote directly to the complainant by registered and ordinary post advising of the upcoming hearing. I sat to hear the case as notified but neither the respondent nor the complainant attended the hearing as scheduled.
3. Conclusions of the Equality Officer
3.1 I am satisfied that the complainant was on notice that a hearing of her case was scheduled for the 30th July 2015.
4. Decision
In the light of the foregoing, and in accordance with Section 79(6) of the Act, I issue the following decision:
As part of my investigation under Section 79 of the Act, I am obliged to hold a Hearing. 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 conclude the investigation and find against the complainant.
_______________________
Peter Healy
Equality Officer
31 July 2015.