The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-018
PARTIES
Kristine Dmitrijeva
(Represented by Richard Grogan & Associates)
AND
Absolute Accommodation Providers Ltd
File reference: EE/2013/177
Date of issue: 30 March 2015
HEADNOTES: Employment Equality Acts - Sections 6 and 8 – Race – Training, Conditions of employment, discriminatory dismissal,.
1. DISPUTE
1.1 This dispute concerns a claim by Ms Kristine Dmitrijeva that she was discriminated against by Absolute Accommodation Providers Ltd on grounds of gender,civil status,family status and race contrary to the Employment Equality Acts in relation to dismissal in terms of sections 8 of the Acts.
1.2 Through her legal representative, the complainant referred a claim to the Director of the Equality Tribunal on the 12th April 2013. On the 12th February 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 only. In accordance with Section 79 (1) of the Acts and as part of my investigation I proceeded to a hearing on 13th March 2015.
2. FINDINGS & CONCLUSIONS OF THE EQUALITY OFFICER
2.1 On the 12th February 2015, the Tribunal notified the complainants representative and the respondent by registered and ordinary post that a hearing of the case would take place on the 13 March 2015 in the Tribunal offices of the Tribunal at Earlsfort Centre, Dublin 2. I sat to hear the case as notified. Neither the complainant nor the respondent 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 in her case was scheduled for the 13 March 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
30 March 2015