Equality Officer’s Decision No: DEC-E/2015/027
Parties
Caulfield
-v-
Donegal County Council
File No: EE/2012/466
Date of issue: 4 June, 2015
1. BACKGROUND.
The Complainant, Mr. Patrick Caulfied, referred a complaint under the Employment Equality Acts 1998 – 2008 to the Equality Tribunal on 5th September 2012 alleging that the Respondent, Donegal County Council, had discriminated against him on the grounds of age, in terms of Section 6(2) of the Employment Equality Acts, 1998 – 2008, contrary to Section 8 of those Acts, in respect of access to employment. In accordance with his powers under the Employment Equality Acts 1998 – 2011, the Director delegated the complaint to the undersigned, Seán Reilly, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 25th February 2015, the date it was delegated to me.
In accordance with the normal procedures of the Tribunal the parties were notified in writing on 26th February 2015, that a Hearing on the complaint would take place at the Radission SAS Hotel, Letterkenny, County Donegal, commencing at 9.30am. This notification was sent by registered post and I am satisfied that the Complainant received this notification. By email of 26th March 2015, some 4 weeks after notification of the Hearing, the Complainant said he could not attend the Hearing that he was unable to attend on that date owing to his work commitments. On the same date the Tribunal responded to the Complainant confirming that they did not consider the reasons set out in the Complaint’s email to amount to exceptional circumstances and pointed out that no explanation was provided as to why the application was being made so close to the Hearing date and confirming that consequently the Hearing would proceed as previously notified.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with Section 79(6) of the Employment Equality Acts 1998 – 2011, I issue the following decision. Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the Complainant was on notice of the Hearing arrangements and failed to attend. I therefore find that the Complainant’s failure to attend the Hearing is unreasonable and that any obligation I have under Section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegations of unlawful treatment in terms of the Acts, I conclude the investigation and find against the Complainant.
_____________________________
Seán Reilly
Equality Officer
4 June, 2015