DEC-E2008-024 - Full Case Report

Employment Equality Acts 1998-2007

Equality Officer Decision

DEC-E2008-024

Gumbats Mamedovs

(Represented by PC Moore & Co., Solicitors)

-V-

Clare Engineering (Cavan) Ltd.

(Represented by George O Mahoney & Co., Solicitors)

1.            DISPUTE

1.1       This dispute concerns a claim by Gumbats Mamedovs that he was discriminated against by the respondent on the basis of his race. The complainant referred a claim to the Director of the Equality Tribunal under the Employment Equality Acts, 1998 - 2007. In accordance with her powers under section 75 of the Acts, the Director then delegated the case to the undersigned, 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 Employment Equality Acts.  Submissions were sought and received from both parties and a hearing was arranged for Friday 18 April 2008 in Virginia, Co. Cavan.

2.            SUMMARY OF SUBMISSIONS

2.1       The complainant stated in his written complaint that he was discriminated against by the respondent between 16 November 2004 and 24 May 2005. The complainant submitted that he was treated less favourably on grounds related to his race in his rate of pay, conditions of employment and termination of his employment.

2.2       The respondent indicated in written submission that the complainant was employed through an agency, was aware of his rate of pay and enclosed copies of correspondence of a disciplinary nature sent to the complainant.

3.            OUTCOME OF HEARING – PRIMA FACIE CASE

3.1       In accordance with standard procedures, the Tribunal notified the parties of the date, time and location of the hearing.  On the morning of the hearing, the complainant’s representative telephoned the Tribunal to indicate that they would not be in attendance.  As the complainant and his representative failed to attend at the designated time and place, I therefore find that a prima facie case has not been established and the complaint must fail.

3.2       The respondents, their representatives and an interpreter provided by the Tribunal were in attendance. 

4.            DECISION

4.1       By failing to attend the hearing, I find that the complainant has failed to establish a prima facie case of discrimination.

Conor Stokes

Equality Officer

15 May 2008