Carlito Valencia
V
Eircom Limited
1. Dispute
1.1 This dispute concerns a claim by Carlito Valencia that on 30 December 2003, he was discriminated against by a member of the respondent's staff. The complainant referred a claim to the Director of Equality Investigations under the Equal Status Act 2000. In accordance with her powers under section 75 of the Employment Equality Act 1998 and under the Equal Status Act 2000, the Director then delegated the case to me, Dolores Kavanagh, an Equality 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.
2. Summary of Complainants' Case
2.1 The complainant stated in his written complaint that he was discriminated against by a member of the respondent's staff on 30 December 2003. The complainant had contacted directory enquiries and was seeking a telephone number for a U.S. business. He was told that the staff member could not understand him. The staff member subsequently hung up. When the complainant rang directory enquiries again the same staff member answered and stated that when "you go in this country you have to learn to behave yourself ...". The staff member then hung up. When the complainant rang directory enquiries again the staff member in question recognised his voice and hung up again. The complainant claims that the refusal to provide him with a service was discriminatory, based on his race.
3. Outcome of Hearing - Prima Facie Case
3.1. The complainant did not attend at the scheduled Hearing of his complaint on 15 November 2007. No reason was provided for his non-attendance. As the complainant was not present at the Hearing he failed to establish a prima facie case of discrimination.
4. Decision
The complainant has not established a prima facie case of discrimination on any of the grounds covered by the Equal Status Acts 2000-2004. I find therefore that the complainant was not discriminated against on any of the grounds covered in the Equal Status Acts in terms of Section 3(1)(a), and 3(2) and Section 5(1) of those Acts.
______________________________
Dolores Kavanagh
Equality Officer
28 November, 2007