THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC – E2009 – 082
PARTIES
Mr. Adekunle Sodiq
(represented by Richard Grogan & Associates, Solicitors)
and
Copeland Security Ltd.
File Reference: EE/2007/314
Date of Issue: 16th September 2009
Claim
The case concerns a claim by Mr Adekunle Sodiq that Copeland Security Ltd discriminated against him on the ground of race contrary to Section 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of discriminatorily dismissing him without proper procedures.
The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 18 January 2007. 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 16 September 2009. The parties were notified of this date by registered post. For organisational reasons, the time of the hearing had to be changed from 2pm to 10am. The representative of the complainant, and the respondent, were notified of this change by telephone and indicated their consent, and that there would be no problems with their attendance. On the day of the hearing, the respondent and his witnesses were in attendance. The representative of the complainant was in attendance, but the complainant was not. The complainant’s representative stated that the complainant had been advised of the time change by letter and telephone call. She accepted that, under the circumstances, the complainant’s case would fail for want of prosecution.
Decision
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
16 September 2009