THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010-208
Peter McAleer
versus
AIBP
(represented by Purdy Fitzgerald Solicitors)
File reference: EE/2007/616
Date of issue: 27th October 2010
Keywords: Employment Equality Act, Discrimination, Race, Access to Employment, Non-attendance
1. Dispute
1.1 This dispute concerns a complaint by Peter McAleer against A.IB.P, Clones. The complainant, an Irish National, alleges that he was discriminated against on the grounds of race in relation to access to employment to the Employment Equality Acts 1998-2008 [hereinafter referred to as 'the Acts']. His claim is that his applications for job vacancies are ignored while foreign nationals are recruited.
1.2 The complainant referred his complaint under the Act to the Director of the Equality Tribunal on 21st November 2007. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 8th July 2010 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and a Hearing was held on 13th October 2010 as required by Section 79 (1) of the Act.
2. Conclusions of the Equality Officer
Non-attendance of the complainant
2.1 The parties were notified of the date of the hearing, by registered post, on 10th August 2010. I am satisfied that all reasonable efforts have been made to inform the complainant of the hearing. However, he did not attend. In the light of the foregoing and in accordance with Section 79(6) of the Act 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 failure of Peter McAleer 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 in relation to this complainant, I conclude the investigation of his complaints and find against the complainant.
________________
Orlaith Mannion
Equality Officer
27th October 2010