EQUAL STATUS ACTS
DECISION NO. DEC-S2017-017
PARTIES
Kingsley Okoshone
v
Student Universal Support Ireland (SUSI)
File reference: et-152765-es-15
Date of issue: 12 April 2017
Keywords: non-appearance by complainant – no prima faciecase.
1. Claim
The complainant referred a complaint to the Director of the Equality Tribunal under the Equal Status Acts, 2000 to 2011 on the 23 January, 2015. On 14 March 2017, in accordance with her powers under section 75 of the Employment Equality Act, 1998 and under the Equal Status Acts, 2000 the Director General delegated the case to me, Valerie Murtagh, an Equality Officer/Adjudication Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Act, 2000 on which date my investigation commenced. As required by Section 25(1) and as part of my investigation, I proceeded to hearing on the on 4 April, 2017. Only the respondent was in attendance. I am satisfied that the complainant was sent notification of the hearing by registered post on 15 March 2017.
Dispute
2.1 The dispute concerns a claim by the complainant that he was discriminated against by the above named respondent on the race ground in terms of Section 3 and contrary to Section 5 of the Equal Status Acts in relation to access to a service. The complainant submits that the respondent discriminated against him by refusing him a grant on the basis of his nationality.
3. Decision
3.1 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 83(3) of the Workplace Relations Act 2015.
3.2The complainant did not attend the hearing and no prima facie case was established. In the lightof the foregoing and in accordance with Section 25(4) of the Equal Status Acts, I issue the following decision. As part of my investigation under Section 25 of the Act, I am obliged to hold a hearing. I find that the complainant’s failure 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, I conclude the investigation of this complaint and find against the complainant.
______________________
Valerie Murtagh
Adjudication Officer
12 April 2017