EQUALITY OFFICER'S DECISION NO: DEC-E/2010/238
PARTIES
VESTARTAS
(REPRESENTED BY RICHARD GROGAN AND ASSOCIATES - SOLICITORS)
AND
KARL HANNON LTD.
(REPRESENTED BY SMYTH & SON - SOLICITORS)
File No: EE/20068/193
Date of issue: 2 December, 2010
Headnotes: Employment Equality Acts, 1998-2007 - sections 6 and 8 -race - discriminatory treatment - conditions of employment -dismissal - non-attendance at Hearing - burden of proof- prima facie case.
1. BACKGROUND
1.1 The complainant (Mr. Rolandas Vestartas) referred a complaint under the Employment Equality Acts, 1998 -2007 to the Equality Tribunal on 31 March, 2008 alleging that the respondent had (i) discriminated against him on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 -2007 and (ii) dismissed him in circumstances amounting to discrimination on grounds of race in terms of section 6(2) of the Employment Equality Acts, 1998-2007, contrary to section 8 of those Acts. In accordance with his powers under the Employment Equality Acts, 1998-2008 the Director delegated the complaint to the undersigned - Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 22 November, 2010, the date the complaint was delegated to me.
1.2 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 1 September, 2010 that a Hearing on the complaint would take place at Chapter House, Dublin on 26 November, 2010 commencing at 2:30pm. This notification was sent by recorded delivery to the parties' representatives. The respondent attended the Hearing accompanied by his solicitor. The complainant did not attend the Hearing. However, his solicitor was in attendance and informed the Equality Officer that the complainant was aware of the Hearing arrangements and had informed him that he (the complainant) was unable to attend the Hearing. The complainant's solicitor was unable to elaborate on the reasons why this was so. In response to a question from the Equality Officer the complainant' solicitor stated that he had no instructions to withdraw the complaint from the Tribunal.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with section 79(6) of the Employment Equality Acts, 1998-2008 I issue the following decision. Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the complainant received notification of the Hearing arrangements and chose not to attend. I therefore find that the complainant's unexplained failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegation of discrimination I conclude the investigation and find against the complainant.
_____________________________________
Vivian Jackson
Equality Officer
2 December, 2010