THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 - 255
PARTIES
Mssrs Scott O'Duffy, Dermot O'Duffy, and Martin Burdis
(represented by Richard Grogan and Associates, Solicitors)
and
PEL Sales Ltd
(represented by Thomas E. Honan & Co., Solicitors)
File References: EE/2008/245
EE/2008/246
EE/2008/248
Date of Issue: 16th December 2010
Claim
1.1. The case concerns a claim by Mssrs Scott O'Duffy, Dermot O'Duffy, and Martin Burdis that PEL Sales Ltd discriminated against them on the ground of age and race contrary to Section 6(2)(f) and (h) of the Employment Equality Acts 1998 to 2008, in terms of access to employment and harassment.
1.2. The complainants referred their complaints under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 28 April 2008. A submission was received from the complainants on 3 November 2008. A submission was received from the respondent on 16 December 2008. On 13 December 2010, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the 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 joint hearing of the case on 15 December 2010. At this hearing the complaints of Mr Scott O'Duffy and Mr Dermot O'Duffy were withdrawn. Mr Burdis did not attend the hearing and his representative, who was present, accepted that his complaint 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.
______________________
Stephen Bonnlander
Equality Officer
16 December 2010