Equal Status Acts 2000-2015
DEC – S2016-003
Mr A
versus
A barrister
(represented by Dorothy J. Walsh Solicitors)
File reference: et-151165-es-14
Date of issue: 22nd January 2016
Keywords: Equal Status Acts, Gender, Civil status, Family status, Victimisation, No prima facie case
Dispute
1.1 The case concerns a complaint by Mr A against a Barrister. His claim is that he was discriminated on the grounds of gender, civil status, family status and victimisation in terms of 3(2) (a) (b) (c) (e) and (j) of the Equal Status Acts 2000 to 2015 [hereinafter referred to as ‘the Acts’]. This decision has been anonymised as it may identify minors.
1.2 The complainant referred a complaint under the Acts to the Director of the Equality Tribunal on 28th November 2014. On 5th November 2015, in accordance with his powers under Section 75 of the Acts, the case was delegated 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 18th January 2016 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 respondent requested an adjournment of the hearing because she is a Family Law Barrister and she was in Dundalk Circuit Court that day. Her clients would have to wait until March if that date was missed. It is only because of the impact family laws cases have on people and the special connection with their representatives that I granted this adjournment. I informed Mr A of the reason why I granted the postponement as well as the new date by registered post and email. He entered into significant correspondence subsequent to this. Therefore, I am fully 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 A 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