THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC – E2015 – 014
PARTIES
Mr Ijaz Aziz
and
Allied Irish Banks plc (represented by Ms Mairead McKenna B.L., instructed by its in-house legal service)
File Reference: EE/2012/411
Date of Issue: 26th March 2015
1. Claim
1.1. The case concerns a claim by Mr Ijaz Aziz that Allied Irish Banks plc victimised him contrary to Section 74(2) of the Employment Equality Acts 1998 to 2011.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2011 to the Director of the Equality Tribunal on 30 July 2012. A submission was received from the complainant on 2 February 2013. A submission was received from the respondent on 8 March 2015. On 12 February 2015, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, 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 this date my investigation commenced. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 25 March 2015. The complainant was not in attendance, while the respondent was. I adjourned the hearing for 15 minutes to allow for unforeseen circumstances and to examine whether the complainants had contacted the Tribunal to explain his absence. This was not the case. Neither had the complainant contacted the Tribunal in this matter by the following day.
2. Decision
2.1. In the lightof the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2011, 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 failure of the complainant 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.
______________________
Stephen Bonnlander
Equality Officer
26 March 2015