THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2009 - 101
PARTIES
Mr Rolandas Venckutonis
(represented by Richard Grogan and Associates, Solicitors)
and
Dublin Building Service Ltd.
(represented by Doyle Hanlon Solicitors)
File Reference: EE/2006/192
Date of Issue: 5th November 2009
Claim
1.1. The case concerns a claim by Mr Rolandas Venckutonis that Dublin Building 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 conditions of employment, harassment, discriminatory dismissal and a claim in relation to a collective agreement.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 6 June 2006. A submission was received from the complainant on 23 July 2007. No submission was received from the respondent. On 15 September 2008, 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. The complainant's representative and the respondent were in attendance; however, the complainant did not. The complainant's representative indicated his acceptance of the fact that under the circumstances, his client's complaint would fail for want of prosecution.
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
5 November 2009