EQUAL STATUS ACTS
DECISION NO. DEC-S2018-025
PARTIES
Mary, Shane and Alan O’Donoghue
(represented by Ms. Heather Rosen)
-v-
Clare County Council
(represented by Michael Houlihan & Partners Solicitors)
File reference: ES/2013/0026
Date of issue: 5 December 2018
1. Background to the Claim
1.1 The complainants referred a complaint to the Director of the Equality Tribunal under the Equal Status Acts on 28 March 2013. On 16 October 2018 in accordance with 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, Hugh Lonsdale, 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 21 November 2018.
1.2 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 84(3) of the Workplace Relations Act, 2015.
Dispute
2.1 The dispute concerns a claim by the complainants that they were discriminated against by the respondent on the grounds of disability, race and membership of the Traveller community in terms of Sections 3(1), 3(2)(h) and 3(2)(i) contrary to Section 5 of the Equal Status Acts in relation to the withholding of correspondence and the effect this had on their accommodation situation. The complainants also claims that they were subjected to harassment contrary to Section 11 of the Acts.
Failure to Attend
3.1 The day before the hearing the complainants’ representative sent an email requesting a postponement as none of the complainants would be able to attend the hearing. I was not satisfied that the reasons given amounted to exceptional circumstances and refused the postponement request. The complainants did not attend the hearing. Their representative stated that Mary O’Donoghue was unfit to attend. The day after the hearing a medical report was submitted for Mary O’Donoghue which “confirmed a chest infection with associated cough and she is now on the appropriate treatment.” The report provided no indication that Ms O’Donoghue’s medical condition would stop her from attending the hearing and, in these circumstances, I do not consider that there were exceptional circumstances that prevented Ms O’Donoghue from attending the hearing.
3.2 Therefore, as the complainants did not attend the hearing no prima facie case was established. In the light of 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 complainants’ 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 complainants.
_________________
Hugh Lonsdale
Equality Officer/Adjudication Officer
5 December 2018