Equality Officer’s Decision No: DEC-E/2010/005
Parties
Zincenko
(Represented by Richard Grogan & Associates - Solicitors)
And
Patrick Brock and Sons Ltd.
(Represented by the Construction Industry Federation)
File No: EE/2007/135
Date of issue 21 January, 2010
Headnotes:Employment Equality Acts, 1998&2004 sections 6,8, 14A, 77 and 79 – discriminatory treatment - discriminatory dismissal- harassment - race - failure to attend Hearing
1. BACKGROUND
1.1 The complainant referred a complaint under the Employment Equality Acts, 1998 and 2004 to the Equality Tribunal on 20 March, 2007 alleging that he had been (i) discriminated against by the respondent on grounds of race, in terms of section 6(2) of the Acts and contrary to section 8 of those Acts in respect of his conditions of employment, (ii) harassed by the respondent on grounds of race, in terms of section 6(2) of the Acts and contrary to section 14A of the Acts and (iii) dismissed by the respondent in circumstances amount to discrimination on grounds of race, in terms of section 6(2) of the Acts and contrary to section 77 of the Acts. In accordance with her powers under the Acts 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 28 August, 2009, the date the complaint was delegated to me.
1.2 The Equality Officer notified the parties in writing on 1 September, 2009 that the Hearing on the complaint would take place at the Tribunal's Office on 14 January, 2010 commencing at 10:30am. Neither the complainant nor the respondent attended the Hearing. However, the complainant's legal representative was in attendance. He informed the Equality Officer that the complainant had secured employment on a ship and was away at sea from 17 September, 2009 until 17 May, 2010. The respondent and its representative also failed to show up and when contacted the representative stated that the person who had been dealing with the matter left its employment in November, 2009. It confirmed that the Hearing was in that person's diary and the failure to attend was an oversight on its part.
2. DECISION OF THE EQUALITY OFFICER.
Section 79(1) of the Employment Equality Acts, 1998-2008 requires me, as part of my investigation, to hold a Hearing. The parties were notified of the arrangements for the Hearing in writing on 1 September, 2009 - three weeks before the complainant commenced employment at sea and it is clear the complainant's representative received this notification as he was present at the Hearing. No application for an adjournment was made on behalf of the complainant prior to the day of the Hearing, notwithstanding he was aware within three weeks of the notification that he would be unable to attend given his work commitments. I therefore find that the complainant's failure to attend the Hearing is unreasonable in the circumstances and that any obligation under section 79(1) has ceased. As no evidence was presented by the complainant in advance of his allegations of discrimination I conclude the investigation and find against the complainant.
_____________________________________
Vivian Jackson
Equality Officer
21 January, 2010