EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-117
PARTIES
Julia Lozko
Vs
Emardress Ltd
(Represented by Malone Hegarty Solicitors)
FILE NO: EE/2013/268
Date of issue: 5th of November, 2015
1. Dispute
1.1 This dispute involves a claim by Ms. Julia Lozko that she was discriminated against by Emardress Ltd, on grounds of race, gender and family status in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts in relation to her conditions of employment and in relation to her dismissal.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on the 5th of June 2013 alleging that the respondent had discriminated against her on grounds of race, gender and family status in relation to her conditions of employment. She has also submitted a claim of discriminatory dismissal.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 17th of September, 2015 to me, Orla Jones, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director (General) under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from both parties. In accordance with Section 79(1) of the Employment Equality Acts and as part of my investigation I proceeded to a hearing on 27th of October, 2015.
2.3 On the day of the hearing, the complainant was not in attendance.
2.4 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.
3. Decision
3.1 As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I am satisfied that the complainant received notification of the hearing arrangements. 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 allegations of discrimination I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
3.2 In light of the foregoing, I issue the following decision. I have investigated the above complainant and make the following decision in accordance with section 79 of the Employment Equality Acts and section 41 (5) (a) (iii) of the Workplace Relations Act 2015 that:
The complainant has failed to establish a prima facie case of discrimination on grounds of race, gender or family status in relation to her conditions of employment and in relation to her dismissal.
__________________
Orla Jones
Adjudication Officer/Equality Officer
5th of November, 2015