THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 - 010
PARTIES
Mr Gediminas Pocius
(represented by Richard Grogan & Associates, Solicitors)
and
Dunne Contracting Ltd.
(represented by ESA Consultants)
File Reference: EE/2007/465
Date of Issue: 3rd February 2010
Claim
1.1. The case concerns a claim by Mr Gediminas Pocius that Dunne Contracting Ltd. discriminated against him on the ground of race contrary to Section 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of promotion, training, conditions of employment, discriminatory dismissal and in relation to a collective agreement. In terms of his dismissal, Mr Pocius alternatively claims to have been victimisatorily dismissed by the respondent contrary to S. 74(2) of the Acts.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 3 September 2007. A submission was received from the complainant on 31 July 2008. A submission was received from the respondent on 10 September 2008. On 7 May 2009, in accordance with her 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 3 February 2010. The complainant did not attend the hearing. The complainant's representative was present and confirmed that he had contacted the complainant repeatedly to ensure he was aware of the hearing date. He 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.
_________________________
Stephen Bonnlander
Equality Officer
3 February 2010