THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2009 - 100
PARTIES
Mr Aleksander Chodarionok
(represented by Richard Grogan and Associates, Solicitors)
and
Liam Ward and Pollard Plant Services Ltd.
(represented by John J. Quinn & Co., Solicitors)
File Reference: EE/2007/111
EE/2007/213
Date of Issue: 4th November 2009
Claim
1.1. The case concerns a claim by Mr Aleksander Chodarionok that Liam Ward and Pollard Plant Services Ltd., discriminated against him on the ground of race contrary to Section(s) 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of access to employment, terms and conditions of employment, harassment and discriminatory dismissal.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 28 February 2007 and again on 30 April 2007. A submission was received from the complainant on 18 November 2008. A submission was received from the respondent on 6 January 2009. On 30 April 2009, in accordance with her powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, 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 this date my investigation commenced. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 4 November 2009. Both parties were advised of the date of the hearing by registered post. Neither party appeared for the hearing of the complaint. On the morning of the hearing, the complainant's representative contacted the Tribunal by telephone to advise that his client would not be in attendance and requested that this would be treated as a no-show case.
2. Decision
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination I conclude the investigation and find against the complainant.
_________________________
Stephen Bonnlander
Equality Officer
4 November 2009