THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 - 249
PARTIES
Mr Algimantas Cinauskas
(represented by Richard Grogan & Associates, Solicitors)
and
Foremast Limited.
File Reference: EE/2008/084
Date of Issue: 10/12/2010
Claim
1.1. The case concerns a claim by Mr Algimantas Cinauskas that Foremast Limited discriminated against him on the ground of race contrary to section 6(2)(h) and section 8 of the Employment Equality Acts 1998 to 2008, in terms of conditions of employment and discriminatory dismissal. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 8 February 2008. A submission was received from the complainant on 24 October 2008. A submission was received from the respondent on 9 December 2008. 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 and 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 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.
______________________
Niall McCutcheon
Director
10 December 2010.