EQUAL STATUS ACTS
DECISION NO. DEC-S2016-039
PARTIES
Eithne O’Doherty
AND
Pairc an Chrocaigh Teoranta
File reference: et-158085-es-15
Date of issue: 9th June 2016
HEADNOTES: Equal Status Act – Discrimination in provision of services- Gender-age- Failure to Attend - Unreasonable.
1. DISPUTE
1.1 This dispute concerns a claim by Eithne O’Doherty that she was discriminated against by the respondent on the grounds of her gender and age contrary to section 3 of the Equal Status Acts 2000 to 2004 in relation to the provision of services in terms of section 5 of the Act and that she was harassed contrary to section 11 of the Equal Status Acts.
1.2 The complainant referred a claim to the Director of the Equality Tribunal on July 24th 2015 under the Equal Status Acts. On May 24th 2016, in accordance with his powers under section 75 of the Employment Equality Acts, the Director 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.
1.3 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 June 7th 2016.
1.4 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.
1.5 Both parties and their representatives were informed by letter sent by registered post on 12th April 2016 that a hearing was scheduled for June 7th 2016 and the complainant confirmed on April 18th 2016 that she would attend 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 25 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 complainant’s 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. Her complaint is dismissed
__________________
Pat Brady
Adjudication Officer
9th June 2016