THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC-E2010-155
PARTIES
Rolandas Grigaravicius
(Represented by Richard Grogan & Associates, Solicitors)
-V-
Tack Roofing & Cladding Ltd
(represented by Smyth & Son solicitors)
File Reference: EE/2007/682
Date of Issue: 27/08/2010
Keywords: Employment Equality Acts 1998-2008, Section 6(1) - less favourable treatment , - Section 6(2)(h) - Race, Section 8- conditions of employment, Section 14A - harassment, Section 74(2) - victimisation, failure to attend hearing - no evidence to support case.
1. Dispute
1.1 This dispute concerns a claim by a complainant that he was discriminated against by the above named respondent on the race ground, in terms of Sections 6(1), and6(2) (h) of the Employment Equality Acts 1998-2008 and contrary to section 8 in relation to his conditions of employment and training. He also alleges harassment contrary to section 14A and victimisation contrary to Section 74(2) of the Acts.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on the 17th December 2007 alleging that the respondent discriminated against him contrary to the Acts. In accordance with her powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 13th May, 2010 to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from the complainant on the 3rd October 2008 and from the respondent on 17th August 2010. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on the 20th August , 2010
2.2 On the 15th of July 2010 I notified both parties that a hearing of the case would take place on the 20th of August 2010 and the complainant's solicitor confirmed attendance and requested the services of an interpreter for the complainant. The complainant's solicitor attended the hearing as scheduled but the complainant did not turn up. His solicitor confirmed that she had notified him of the hearing. The respondent attended together with his solicitor and witnesses.
3. Conclusions of the Equality Officer
3.1 I am satisfied the complainant was properly notified that a hearing in his case was scheduled for the 20th of August 2010. I find therefore, that the complainant's his failure to attend were unreasonable in the circumstances.
4. 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.
_______________________
Marian Duffy
Equality Officer
27th August 2010