Employment Equality Acts
1998-2008
EQUALITY OFFICER'S DECISION
NO: DEC-E2010-163
PARTIES
Pavilionis
(with Grogan and Associates Solicitors)
- V -
Patrick Sheenan
File references: EE/2008/330
Date of issue: 01 September 2010
Keywords
Employment equality Acts 1998-2008 - Discriminatory Treatment - Conditions of Employment - Discriminatory Dismissal - Race - Prima facie case
1. Dispute
1.1. This dispute concerns a claim by Mr. Valdas Pavilionis (hereafter "the complainant") that he was subjected to discriminatory treatment and discriminatory dismissal contrary to the Employment Equality Acts by Pat Sheenan (hereafter "the respondent") on the ground of his race. The complainant maintains that the respondent discriminated against him in not providing him with a contract of employment, pay slips, P45, P60, Health and Safety Documentation and Training. The complainant submitted that he was dismissed without reason or proper procedures on 6 March 2008.
1.2. The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 26 September 2008 under the Employment Equality Acts. This claim was made on the race ground. On 27 May 2010, in accordance with his powers under section 75 of the Acts, the Director then delegated this case 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 31 August 2010.
2. Case for the complainant
2.1. Both parties were advised of the date of the hearing by registered post on 20 July 2010. The complainant's representative informed the Tribunal on 30 August 2010 that she had been unable to contact her client directly and were not sure if the client would be attending. The complainant did not attend the hearing.
3. Decision
3.1. 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 complainant's failure to attend a hearing was unreasonable in the circumstances of this case and that any obligation under Section 79 has ceased. I conclude the investigation and find against the complainant.
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Tara Coogan
Equality Officer
01 September 2010