Employment Equality Acts
1998-2008
EQUALITY OFFICER'S DECISION
NO: DEC-E2010-133
PARTIES
Stanius, Kyprys and Tarvydas
(Represented by Richard Grogan and Associates)
- V -
First Bathroom Solutions
Keywords
Employment equality Acts 1998-2008 - Discriminatory Treatment - Discriminatory Dismissal - Race - Condition of employment - Prima facie case
1. Dispute
1.1. This dispute concerns a claim by Mr. Raimondas Stanius, Mr. Arunas Kyprys and Mr. Stasys Tarvydas (hereafter "the complainants") that they were subjected to discriminatory treatment and discriminatory dismissal and - in the case of the second and third complainant - harassment contrary to the Employment Equality Acts by First Bathroom Solutions Ltd. (hereafter "the respondent") on the grounds of their race. A subsequent claim was lodged by the second and third complainant in relation to victimisation contrary to the acts
1.2. The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 8 December 2006, 29 January 2007 and 27 July 2007 under the Employment Equality Acts. These claims were made on the race ground. On 30 November 2009, in accordance with her powers under section 75 of the Acts, the Director then delegated these cases to Tara Coogan- 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 which date my investigation commenced. As required by Section 79(1) and as part of my investigation, I proceeded to hearing on 18 June 2010. The complainants did not attend. Their solicitor submitted that he had not received any instructions from his clients.
2 Decision
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Acts, I issue the following decision. I find that the complainants failure to attend a hearing was unreasonable in the circumstances of this case and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination, discriminatory dismissal, harassment and victimisation I conclude the investigation and find against the complainants.
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Tara Coogan
Equality Officer
16 July 2010