EQUAL STATUS ACTS 2000-2015
Decision DEC – S2016 – 020
PARTIES
Ms Dalila Arous
and
Dublin Bus (represented by CIE Solicitors)
File Reference: et-152660-es-15
Date of Issue: 4th April 2016
Keywords: discrimination – harassment – victimisation – no show – no prima facie case.
1. Claim
1.1. The case concerns a claim by Ms Dalila Arous, that Dublin Bus discriminated against her on the grounds of gender, civil status, family status and race contrary to Section 3(2) of the Equal Status Acts 2000 to 2011, in terms of failure to provide appropriate service, as well as harassment and victimisation.
1.2. The complainant referred a complaint under the Equal Status Acts 2000 to 2011 to the Director of the Equality Tribunal on 21 January 2015. A submission was received from the complainant on 9 November 2015. A submission was received from the respondent on 17 December 2015. On 17 February 2016, in accordance with his powers under S. 25 of the Acts, the Director General of the Workplace Relations Commission delegated the case to me, Stephen Bonnlander, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Acts. On this date my investigation commenced. As required by Section 25(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 4 April 2016. On the morning of the hearing, I received an email from the complainant’s former solicitor, in which he advised that he had been unable to take instructions from the complainant and was therefore coming off the record. He asserted that the complainant had been advised of the hearing date. The complainant did not attend the hearing. The respondent was present at the given time. I adjourned the hearing for 20 minutes to allow for any minor delays, but the complainant did still not attend, nor was any attempt of hers to communicate with the Commission to explain her absence brought to my attention.
2. Decision
5.1 In the lightof the foregoing, and in accordance with Section 25(4) of the Equal Status Acts 2000 to 2011, I issue the following decision: As part of my investigation under Section 25 of the Act, I am obliged to hold a hearing into the matter. I find that the complainant’s failure 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 allegations of discrimination, harassment and victimisation I conclude the investigation of this complaint and find against the complainant.
______________________
Stephen Bonnlander
Equality Officer
4 April 2016