Equal Status Acts 2000-2012
DEC – S2015-021
Mr W
-v-
Mr & Mrs N
(represented by Conor O’Reilly, Egan O’Reilly Solicitors)
File reference: et-152684-es-15
Date of issue: 24th November 2015
Keywords: Equal Status Acts, Religion, No prima facie case
Dispute
1.1 The case concerns a complaint by Mr W against his former landlords Mr and Mrs N. His claim is that he was discriminated on the grounds of religion in terms of 3(2)(e) of the Equal Status Acts 2000 to 2012 [hereinafter referred to as ‘the Acts’]. He also claims harassment.
1.2 The complainant referred a complaint under the Acts to the Director of the Equality Tribunal on 5th May 2015. On 5th November 2015, in accordance with his powers under Section 75 of the Acts, the Director delegated the case to me, Orlaith Mannion, 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 this date, my investigation commenced. Submissions were received from both parties and a hearing was held on 20th November 2015 as required by Section 79(1) of the Acts.
1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to 1st October 2015, in accordance with section 84 (3) of the Workplace Relations Act 2015.
Non-attendance of the complainant
2.1 The parties were notified of the date of the hearing, by registered post, on 5th November 2015 at the addresses provided by them. The Equality Tribunal and now the Workplace Relations Commission insist on parties keeping the Secretariat up-to-date with contact details. If, by not doing so, parties do not receive the notification letter of the hearing or failing to collect same from the post office, that is their responsibility. I am satisfied that all reasonable efforts had been made to inform the complainant of the hearing. However, he did not attend the hearing. In the light of the foregoing and, in accordance with Section 25(4) of the Acts, I issue the following decision:
As part of my investigation under Section 25 of the Acts, I am obliged to hold a hearing. I find that the failure of Mr W to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination in relation to this complaint, I conclude the investigation of his complaint and find against the complainant.
_________________
Orlaith Mannion
Adjudication Officer/Equality Officer