Employment Equality Acts
1998-2008
EQUALITY OFFICER'S DECISION
NO: DEC-E2010-087
PARTIES
Rimkus and Runcis
(Represented by Richard Grogan and Associates)
- V -
World of Concrete
(Company Struck Off)
File references: EE/2006/433
Date of issue: 04 June 2010
Keywords
Employment equality Acts 1998-2008 - Discriminatory Treatment - Race - Condition of employment - Prima facie case
1. Dispute
1.1. The dispute concerns claims by Mr. Robertas Rimkus and Mr. Ingars Runcis (hereafter "the complainants") that they were subjected to discriminatory treatment contrary to the Employment Equality Acts by World of Concrete (hereafter "the respondent") on the grounds of their race. The complainants maintain that the respondent discriminated against them in relation to their condition of work.
1.2. The complainants referred their claims of discrimination to the Director of the Equality Tribunal on 11 October 2006 and 23 October 2006 respectively under the Employment Equality Acts. This claim was made on the race ground. On 27 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 3 June 2010. Both parties were advised of the date of the hearing by registered post on 8 March 2010. The complainants failed to attend the hearing.
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 oral evidence was given in support of the allegation of discrimination I conclude the investigation and find against the complainants.
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Tara Coogan
Equality Officer
04 June 2010