EMPLOYMENT EQUALITY ACTS 1998-2015
Decision DEC-E2017-016
PARTIES
Ms A. (represented by Kevin Tunney, Solicitors)
v
A dry cleaner
File Reference: et-153126-ee-15
Date of Issue: 1st March 2017
Keywords: non-appearance by complainant – no prima faciecase.
1. Claim
1.1. The case concerns a claim by Ms A. that the dry cleaning business which employed her discriminated against her on the ground of gender contrary to Section 6(2)(a) of the Employment Equality Acts 1998 to 2011, in terms of not taking reasonably practical steps to prevent her sexual harassment. The complainant further complains of victimisation and victimisatory dismissal pursuant to S. 74(2) of the Acts.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2011 to the Director of the Equality Tribunal on 16 January 2015. A submission was received from the complainant on 28 February 2016. No submission was received from the respondent. On 3 January 2017, in accordance with her powers under S. 75 of the Acts, the Director General of the Workplace Relations Commission delegated the case to me, Stephen Bonnlander, an 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 this date my investigation commenced. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 1 March 2017. Only the complainant’s solicitor was in attendance. He stated to me that he had constantly, but unsuccessfully, attempted to contact the complainant by letter, telephone and email since 12 January, including two emails and two phone calls since Friday 24 February. He stated that the complainant’s mobile phone was switched off and that he had left messages for her, but had not received a response.
2. Decision
2.1. 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.
2.2. In the lightof the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 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 79 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination I conclude the investigation and find against the complainant.
______________________
Stephen Bonnlander
Equality Officer
1 March 2017