The Equality Tribunal
An Binse Comhionannais
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-089
PARTIES
Caroline Moses
AND
Frymount Ltd
(Represented by IBEC)
File reference: EE/2013/237
Date of issue: 18 September 2015
HEADNOTES: Employment Equality Acts – Failure to Attend - Unreasonable.
1. DISPUTE
1.1 This dispute concerns a claim by Caroline Moses that she was discriminated against by the company on the grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in that she was harassed in terms of section 14A of the Acts and that she was victimised contrary to the provisions of section 74 (2) of the Acts.
1.2 The complainant referred her claim to the Director of the Equality Tribunal on 8th May 2013 under the Employment Equality Acts. On June 3rd 2015, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Pat Brady, 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 which date my investigation commenced. Submissions were received from both sides.
1.3 Both parties representatives were informed by letter sent registered post on 13th May 2015 that a hearing was scheduled for 11th June 2015 and these were received on 15th May 2015. The complainant did not attend the hearing.
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. All reasonable efforts were made to inform the complainant of the hearing. I find that the complainants’ failure to attend such a hearing was unreasonable in the circumstances outlined above 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.
__________________
Pat Brady
Equality Officer
18 September 2015