EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-115
PARTIES
Ms Fernanda Soares
-v-
Noticeside Ltd
File reference: EE/2014/006
Date of issue: 3rd November 2015
HEADNOTES: Employment Equality Acts, 1998-2011, Employment Equality Acts Sections 6 (2) (a) gender.
DISPUTE
This dispute concerns a claim by A Worker that she was discriminated against by her employer on the grounds of gender contrary to section 6 (2) (a) of the Employment Equality Acts in relation to her maternity.
The complainant referred her claim to the Director of the Equality Tribunal on 7th January 2014 under the Employment Equality Acts. On 19th October 2015, in accordance with his powers under section 75 of the Employment Equality Acts, the Director General of the Workplace Relations commission referred the case to me, Gerry Rooney, an Adjudication Officer/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.
This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.
Submissions were received from the complainant. In accordance with Section 79 (1) of the Acts and as part of my investigation the Tribunal informed both parties by letter sent registered post on 2nd September 2015 that the Tribunal had scheduled a hearing for 30 October 2015. As the letter to the respondent was returned unopened the Tribunal wrote to the responded at a different address on 16th September 2015 advising of the hearing date.
On 18th October 3015 the complainant, who had moved back to Brazil, advised that for financial reasons she was unable to attend the hearing and nominated a colleague who would attend on her behalf. On 30th October 2015 the complainant advised the Tribunal that she was available to provide her evidence on skype. The complainant did not attend the hearing. The respondent did attend the hearing on 30th October 2015.
DECISION
In accordance with Section 79(6) of the Employment Equality Acts and section 41 (5) (a) (iii) of the Workplace Relations Act 2015 I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The complainant was notified of the arrangements for the hearing in writing, and advised the Tribunal that she would not be in a position to attend in person.
I find that the complainants’ 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 allegations of discrimination, I conclude the investigation and find against the complainant.
____________________
Gerry Rooney
Adjudication Officer
3 November 2015