THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 - 171
PARTIES
Mr. Claudiu Rus
(represented by Moran Solicitors)
and
Dublin Bus
File Reference: EE/2007/200
Date of Issue: 13th September, 2010
1. Claim
1.1 The case concerns a claim by Mr. Claudiu Rus that he was discriminated against by the respondent on the grounds of race contrary to Section 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of discriminatory treatment.
1.2 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on the 18th April 2007. On the 18th August 2009, in accordance with her powers under Section 75 of the Acts, the Director delegated the case to me, James Kelly, 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 this date my investigation commenced. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to a hearing on the 8th September 2010. The parties were notified of this date by registered post. On the day of the hearing the respondent was in attendance. The complainant was not was in attendance nor was his representative. I started the hearing at 10:30am as scheduled and adjourned the hearing of the case for 20 minutes to allow for the complainant's late arrival. However, the complainant did not present himself within that time. I contacted the Tribunal's administrative staff to see if the complainant or his representative had made contact with the Equality Tribunal directly to explain their absence. I was informed that they had not.
2. Decision
2.1 In light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, 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 complainant's failure 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 I conclude the investigation and find against the complainant.
___________________
James Kelly
Equality Officer
13th September 2010