EQUALITY OFFICER'S DECISION NO: DEC-E/2010/081
PARTIES
ALEKSANDRS KAUCIS
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES - SOLICITORS)
AND
SOUTH EASTERN BUILDERS LTD
File No: EE/2007/105
Date of issue 28 May, 2010
Headnotes: Employment Equality Acts, 1998&2004 sections 6,8, 14A, and - 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 28 February, 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 amounting 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 - Brian O'Byrne, 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 12 May, 2009, the date the complaint was delegated to me.
1.2 The Equality Officer notified the parties in writing on 28 January 2010 that the Hearing of the complaint would take place at the Tribunal's Office on 20 April, 2010, commencing at 10:30am. This notification was sent by registered mail. The complainant did not attend the Hearing. However, his legal representative was in attendance and he informed the Equality Officer that he had been unable to make contact with his client and could offer no explanation for his failure to attend. The respondents were in attendance at the Hearing.
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 28 January 2010. I am satisfied that the complainant's representative was on notice of the Hearing arrangements and that efforts were made by him to inform the complainant of same, all of which were unsuccessful. In the circumstances I find that the complainant's failure to attend the Hearing is unreasonable and that any obligation under section 79(1) has ceased. As no evidence was presented by the complainant in support of his allegations of discrimination I conclude the investigation and find against the complainant.
Brian O'Byrne
Equality Officer
28 May, 2010