THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
DEC-E2010-056
Nikolai Morozov
(represented by Doyle Solicitors)
versus
Dean Halal Foods Ltd.
File reference: EE/2007/116
Date of issue: 28th April 2010
Keywords: Employment Equality Acts, Discrimination, want of prosecution
Dispute
This dispute concerns a complaint by Nikolai Morozov against Dean Halal Foods Ltd., Wexford. The complainant alleges that he was discriminated against by the respondent on the grounds of race and disability in relation to training, conditions of employment leading up to discriminatory dismissal. He also claims that Dean Halal Foods Ltd failed to provide reasonable accommodation for his disability contrary to the Employment Equality Acts 1998 - 2008 [hereinafter referred to as ‘the Acts’] .
Through his legal representative, the complainant referred his complaint under the Acts to the Director of the Equality Tribunal on 8th March 2007. In accordance with her powers under Section 75 of the Act, the Director delegated the case on 20th May 2009 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and I proceeded to hold a Hearing on 22nd April 2010 as required by Section 79 (1) of the Act.
Neither the complainant nor the respondent attended the Hearing. The complainant's representative attended and indicated her acceptance that her client's complaint would fail for want of prosecution and that she had warned him of same the previous evening when he notified her that he would not be attending.
Decision
In the light of the foregoing, and in accordance with Section 79(6) of the Act, 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.
_______________
Orlaith Mannion
Equality Officer
28th April 2010