Case Number: DEC-E2012-025- Full Case Report. Equality Tribunal

CourtEquality Tribunal
Date01 March 2012
Docket NumberDEC-E2012-025- Full Case Report
The Equality Tribunal

Employment Equality Acts 1998 to 2008

Decision DEC-E2012-025


Patricia Dillon

- V -

Nenagh Child Care Ltd
(Represented by Sinead Mullins, IBEC)

File references: EE/2009/133
Date of issue: 8 March 2012

Keywords - Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Age - Failure to Attend - Unreasonable


1.1 This dispute concerns a claim by the complainant that she was subjected to discriminatory treatment by the respondent on grounds of age, in terms of Section 6 and contrary to Section 8 of the Employment Equality Acts

1.2 The complainant referred her claim of discrimination to the Director of the Equality Tribunal on 23 February 2009 under the Employment Equality Acts. On 9 January, 2012, in accordance with his powers under section 75 of the Acts, the Director delegated the case to Conor Stokes - an Equality Officer - for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts on which date my investigation commenced. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 8 March 2012. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.

1.3 The date of the hearing was notified to the parties by registered post and in response the complainant informed the Tribunal that she would not be attending the hearing and sought to have the complaint dealt with on the basis of the papers submitted to date. The complainant was notified that in the circumstances of this case, where facts are in dispute, a complainant must attend the hearing to order to establish, in the first instance, facts from which discrimination may be inferred. The complainant was informed that the hearing would proceed as previously notified. The complainant was also notified if she wished to withdraw her complaint, she should do so in writing. The complainant did not withdraw the...

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