Equal Status Acts 2000-2015
DEC – S2016- 041
Parties
John James Malone
-v-
The Law Society of Ireland
(represented by Conor Power SC, instructed by Eugene F. Collins Solicitors)
File reference: et-152924-es-15
Date of issue: 9th June 2016
Keywords: Equal Status Acts, family status, religion, age, disability and membership of the Traveller Community, victimisation, No prima facie case, failure to attend
Dispute
1.1 The case concerns a complaint by Mr John James Malone against the Law Society of Ireland regarding access to their access scholarship programme. His claim is that he was discriminated and harassed on the grounds of family status, religious belief, age, disability and membership of the Traveller Community, victimisation in terms of 3(2) (c) (e) (f) (g) (i) and (j) of the Equal Status Acts 2000 to 2015 [hereinafter referred to as ‘the Acts’].
1.2 The complainant referred a complaint under the Acts to the Director of the Equality Tribunal on 27th January 2015. On 22nd March 2016, in accordance with the Director General of the Workplace Relations Commission’s powers under Section 75 of the Acts, the case was delegated to me, Orlaith Mannion, an Equality Officer/Adjudication Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director General under the Acts. On this date, my investigation commenced. Submissions were received from both parties and a hearing was held on 2nd June 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 complainant was notified of the date of the hearing, by registered post, on 22nd March 2016 at the address provided by him. 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 Malone 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 and harassment in relation to this complaint, I conclude the investigation of his complaint and find against the complainant.
_________________
Orlaith Mannion
Adjudication Officer/Equality Officer