EQUAL STATUS ACTS
DECISION NO. DEC-S2018-028
PARTIES
Nadia El Jadidi
Complainant
V
Euro General Retail Ltd t/a 2 Euro Shop
Respondent
File reference: ES/2014/0055
Date of issue: 5 December 2018
Introduction:
1.1 On the 13th March 2014, the complainant referred a complaint pursuant to the Equal Status Acts against the respondent. The complainant asserts that she was discriminated against on grounds of religion.
1.2 In accordance with powers in Part III of the Equal Status Acts, the Director General of the Workplace Relations Commission delegated the case to me, Kevin Baneham, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director General under section 25 of the Acts, on which date my investigation commenced. In accordance with section 25(1) and as part of my investigation I proceeded to a hearing on the 19th July 2016. Lavelles Solicitors represented the respondent and the HR Manager attended as witness.
1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on the 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to the 1st October 2015, in accordance with section 83(3) of the Workplace Relations Act, 2015.
Findings and conclusions of the Equality Officer:
2.1 On the 14th June 2016, the Equality Tribunal wrote to the parties to inform them of the time, date and venue of the hearing. On the 19th July 2016, I commenced the hearing with the representatives and witness of the respondent in attendance. I verified that the complainant was on notice of the hearing. In these circumstances, I find that the complainant’s failure to attend the hearing was unreasonable in the circumstances and that any obligation under the Equal Status Act has ceased. As no evidence was given in support of the allegation of discrimination, I conclude the investigation and find against the complainant.
Decision:
3.1 As no evidence was given at the hearing in support of the allegation of discrimination, I conclude the investigation and find against the complainant.
______________________
Kevin Baneham
Equality Officer / Adjudication Officer
5 December 2018