THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 - 246
PARTIES
Mr Igoris Karasevas
(represented by Richard Grogan & Associates, Solicitors)
and
Michael Leech Landscaping Limited
File Reference: EE/2008/487
Date of Issue: 13/12/2010
Claim
1.1. The case concerns a claim by Mr Igoris Karasevas that Michael Leech Landscaping Limited discriminated against him on the ground of race contrary to section 6(2)(h), section 8 and section 14A of the Employment Equality Acts 1998 to 2008, in terms of conditions of employment, training, discriminatory dismissal and harassment. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 21 July 2008. A submission was received from the complainant on 24 November 2008. A submission was received from the respondent on 7 January 2009. On 1 September 2010 the Equality Tribunal wrote to the representatives for the complainant and the respondent fixing 10 December 2010 as the date for a hearing of the case. On 8 December 2010 I, Niall McCutcheon, Director of the Equality Tribunal took responsibility for investigation, hearing and decision of this claim and for the exercise of all my other powers and functions under the Employment Equality 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 hearing of the case on 10 December 2010. The complainant did not attend the hearing. The complainant's representative was present. He stated that he was informed by a third party on the morning of the hearing that the complainant was sick but had no medical certificate to prove it. The representative accepted that, under the circumstances, his client's case would fail for want of prosecution.
2. Decision
2.1. 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 due to the complainant's failure to attend such a hearing 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.
______________________
Niall McCutcheon
Director
13 December 2010.