EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2016-084
PARTIES
Michael Pugh
(Represented by Cosgrave & Co Solicitors, Navan
AND
Lynn Hegarty t/a Allie’s Barbers
(Represented by Steen O’Reilly & Co Solicitors)
File reference: EE/2014/511
Date of issue: 2nd June 2016
HEADNOTES: Employment Equality Acts – Discrimination- Sexual orientation- Failure to Attend - Unreasonable.
1. DISPUTE
1.1 This dispute concerns a claim by Michael Pugh that he was discriminated against by the respondent on the grounds of sexual orientation contrary to section 6 of the Employment Equality Acts in relation to conditions of employment in terms of section 8 of those Acts and that he was harassed and sexually harassed contrary to section 14A of the Employment Equality Acts.
1.2 The complainant referred a claim to the Director of the Equality Tribunal on September 29th, 2014 under the Employment Equality Acts. On May 20th 2016, in accordance with his powers under section 75 of the Employment Equality Acts, the Director General of the Workplace Relations Commission delegated the case to me, Pat Brady an Adjudication Officer/Equality Officer), for investigation, hearing and decision and for the exercise of other relevant functions of the Director General 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 Employment Equality Acts and as part of my investigation I proceeded to a hearing on May 31st 2016.
1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.
1.4 Both parties and their representatives were informed by letter sent by registered post on 14th April 2015 that a hearing was scheduled for May 31st 2016 and these were received by the complainant on April 18th 2016. His legal representative confirmed in writing that he would be in attendance. In the event, the complainant did not attend the hearing although his legal representative was present. She was unable to contact him on the morning of the hearing.
DECISION
2.1 In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision.
2.2 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
Adjudication Officer
2nd June 2016