Equality Officer's Decision No. DEC-S/2015/003
Parties
Carroll
-v-
Department of Social Protection
(Represented by The Office of the Chief State Solicitor)
File No: ES/2013/035
Date of issue: 10 March, 2015
Equal Status Acts, 2000-2012 – Sections 3 & 25 –discriminatory treatment – gender - failure to attend Hearing
1. BACKGROUND
1.1 The complainant (Mr. Karl Carroll) referred a complaint under the Equal Status Acts, 2000-2012 to the Equality Tribunal on 12 April, 2013 alleging that the respondent discriminated against him on grounds of gender, civil status and family status, in terms of section 3(2) of the Equal Status Acts, 2000-2012 and contrary to section 3(1) of those Acts, when it refused his application for child benefit. In accordance with his powers under the Employment Equality Acts, 1998-2011 the Director delegated the complaint to the undersigned - Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Acts, 2000-2012. My investigation of the complaint commenced on 6 February, 2015, the date it was delegated to me.
1.2 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 6 February, 2015 that a Hearing on the complaint would take place at the Tribunal’s Offices at Davitt House, 65A Adelaide Road, Dublin 2 on 4 March, 2015 commencing at 2:30pm. This notification was sent by registered post. I am satisfied that the complainant received this notification on 10 February, 2015. The complainant failed to attend the Hearing. He made no attempt to contact the Tribunal at any stage after the letter of notification issued.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with section 25(4) of the Equal Status Acts, 2000-2012 I issue the following decision. Section 25(1) of the Acts requires me, should I consider it appropriate as part of my investigation, to hold a Hearing. I am satisfied that the complainant was on notice of the Hearing arrangements and he failed to attend, without explanation. I therefore find that the complainant's failure to attend the Hearing is unreasonable and that any obligation I have under section 25(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegations of prohibited conduct in terms of the Acts I conclude the investigation and find against the complainant.
_____________________________________
Vivian Jackson
Equality Officer
10 March, 2015