EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2016-042
PARTIES
Gavin Greene
(Represented by Peter Ward S.C. and Eilis Barry B.L.,
instructed by Hayes Solicitors)
AND
Department of Education and Skills, Department of Finance, Department of Public Expenditure & Reform, Government of Ireland, Ireland, Attorney General
(Represented by Brian Kennedy S.C. and Nap Keeling B.L.,
instructed by Chief State Solicitor’s Office)
File references: EE/2012/007, 076, 080, 163, 168 & 404
Date of issue: 4 March 2016
HEADNOTES: Employment Equality Acts – Failure to Attend - Unreasonable.
1. DISPUTE
1.1 This dispute concerns claims by Gavin Greene that he was discriminated against by the Department of Education and Skills, the Department of Finance, the Department of Public Expenditure & Reform, the Government of Ireland, Ireland and the Attorney General on the grounds of age contrary to section 6 (2) (f) of the Employment Equality Acts in relation to conditions of employment and that that he performs “like work”, in terms of section 7 of the Employment Equality Acts with a named comparator and is entitled to equal remuneration in accordance with section 29 of the Acts.
1.2 The complainant referred claims against the six respondents to the Director of the Equality Tribunal on 31 January 2012 and 27 July 2012 under the Employment Equality Acts. Three other complainants referred similar claims at the same time. On 3 July 2014, in accordance with his powers under section 75 of the Acts, the Director delegated the cases to me, Hugh Lonsdale, 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 which date my investigation commenced. Submissions were received from both sides. In accordance with Section 79 (1) of the Acts and as part of my investigation I proceeded to a hearing in relation to all four complainants on 26 November 2014. The complainant did not attend the hearing.
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.
2. DECISION
2.1 In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. At the commencement of the hearing Mr Greene’s representatives advised we that he was not present at the hearing as he was on a career break and in Australia. His representatives confirmed that he had been informed of the hearing.
2.2 The complainant’s representatives asked me to proceed with his claims as the facts of the claims would be the same for Mr Greene as for the two complainants who were present. I advised the complainant’s representatives that it is the practice of the Equality Tribunal that complainants must be present at hearings to give direct evidence in support of their allegations of discrimination, and that this evidence can be tested by the other side in cross examination. This is an important strand to the fair procedures that must be adhered to by the Equality Officer as a quasi-judicial body.
2.3 As he was unable to give evidence at the hearing in support of his allegations of discrimination I find the complainants’ failure to attend such a hearing was unreasonable in the circumstances outlined above and that any obligation under Section 79 has ceased. I conclude the investigation and find against the complainant.
____________________
Hugh Lonsdale
Equality Officer
4 March 2016