EMPLOYMENT EQUALITY ACTS 1998-2015
Decision DEC-E2017-023
PARTIES
John Mandungu Mandende
v
Xerox (Europe) Ltd.
(Represented by IBEC)
File Reference: et-159913-ee-15
Date of Issue: 28th March 2017
Keywords: non-appearance by complainant – no prima faciecase.
1. Claim
The case concerns a claim by the complainant that he was discriminatorily dismissed by the respondent on grounds of disability in terms of Section 6(2)(g) of the Employment Equality Acts 1998 to 2015. He also claims that the respondent failed to provide him with reasonable accommodation.
The complainant referred a complaint under the Employment Equality Acts 1998 to 2011 to the Director of the Equality Tribunal on 28 September 2015. On 15 March 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, Valerie Murtagh, 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 27 March 2017. Only the respondent and its representative were in attendance. I am satisfied that the complainant was sent notification of the hearing by registered post on 20 February 2017.
2. Decision
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.
The complainant did not attend the hearing and no prima facie case was established. In the lightof the foregoing and 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 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.
______________________
Valerie Murtagh
Equality Officer
28 March 2017