The Equality Tribunal
Employment Equality Acts
Decision DEC-E2009-083
PARTIES
Mykhaylo Botyuk
(Represented by Richard Grogan & Associates)
- V -
Callaghan P McCarthy
(Represented by Conor Keogh, B.L. instructed by John Shiel, Solicitors)
File reference: EE/2006/493
Date of issue: 18 September 2009
Keywords - Employment Equality Acts – Discriminatory Treatment - Discriminatory Dismissal – Harassment - Race – Redundancy - Prima Facie case.
1. DISPUTE
1.1 This dispute concerns a claim by Mr Mykhaylo Botyuk that he was subjected to discriminatory treatment and dismissal and harassment by Callaghan P McCarthy on the grounds of race in terms of Section 6(2) of the Employment Equality Acts, and contrary to Section 8 of those Acts.
1.2 The complainant referred a claim of discrimination to the Director of the Equality Tribunal on 21 December 2006 under the Employment Equality Acts. On 31 March, 2009, in accordance with her powers under section 75 of the Acts, the Director then delegated the case to 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 Acts 1998 to 2008 on which date my investigation commenced. Submissions were sought and received from the parties. As required by Section 79(1) and as part of my investigation, I proceeded to hearing on 16 September 2009.
2. CONCLUSIONS OF THE EQUALITY OFFICER
2.1 In cases such as this responsibility rests with the complainant in the first instance to establish a prima facie case of discrimination. The complainant did not attend the hearing on 16 September and therefore did not establish a prima facie case.
2.2 Notification of the hearing was posted to the complainant's representative well in advance of the hearing. On the morning of the hearing, his representatives indicated that they had written out to the complainant and had tried to contact him by phone, to no avail. It is the complainant’s responsibility to keep the Tribunal informed of any change of address. I am satisfied that the Tribunal took such steps as were reasonable to inform the complainant of the details of the hearing. I also note that the complainants representatives accepted that the complainants case would fail for want of prosecution.
3. DECISION
3.1In accordance with Section 79(6) of the Employment Equality Acts, I issue the following decision. As part of my investigation under Section 79 of the Acts, 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.
Conor Stokes
Equality Officer
18 September 2009