EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-135
PARTIES:
Ellie Mae Casey
-v-
Carebears Crèche and Montessori
(Represented by Philip Moloney B.L. instructed by
John Battles & Company Solicitors)
File reference: EE/2014/053
Date of issue: 1 December 2015
1. DISPUTE
1.1This dispute concerns a claim by a Worker that she was discriminated against by her employer, a Crèche and Montessori, on the grounds of Gender, Family Status and Age contrary to section 6 (2) (a), section 6(2) (c) and section 6 (2) (f) of the Employment Equality Acts in relation to discrimination in terms of section 14A of the Acts.
1.2 The complainant referred her claim to the Director of the Equality Tribunal on 10th February 2014 under the Employment Equality Acts. On 3rd November 2015, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Caroline McEnery, a Workplace Relations Adjudicator, 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 both sides. In accordance with Section 79 (1) of the Acts and as part of my investigation both parties were informed by letter sent registered post on 2nd October 2015 that the hearing had been scheduled a hearing for 13th November 2015. The complainant did not attend the hearing. The respondent did attend the hearing.
1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on the 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to the 1st October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.
2. DECISION
In accordance with Section 79(6) of the Employment Equality Acts 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, by recorded delivery on 2nd October 2015. I am also satisfied that the complainant was notified via email.
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.
____________________
Caroline McEnery
Adjudication Officer/Equality Officer