1. Dispute
1.1 This dispute involves a claim by Mr. Hardijs Langsteins, and Mr. Haldors Langsteins, that they were discriminated against by Able Securities Limited on grounds of race, in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts, in relation to training and conditions of employment. It is further submitted that the complainants were dismissed in circumstances amounting to discrimination on grounds of race in terms of section 6(2)(h) and contrary to section 8 of those Acts.
2. Background
2.1 Mr. Hardijs Langsteins and Mr. Haldors Langsteins referred complaints under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on 15th May 2008 and 3rd June 2008 respectively, alleging that the respondent had discriminated against them on grounds of race when they were dismissed from their jobs without any reason or proper procedure. The complainants further submitted that they did not receive any proper contract of employment, Health & Safety documentation or training. It is also submitted that they did not receive any payslips. In addition the complainants submitted that they were each charged 80 euro by the respondent to get a security licence. The respondent has not replied to the complaint.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 4th of June, 2010 to me, Orla Jones, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. A written submission was received on behalf of the complainants. No response was received from the respondent. As required by Section 79(1) of the Acts and as part of my investigation I proceeded to a Hearing on the 10th of September, 2010. A notification of the hearing date was sent to all parties by registered post.
2.3 On the day of the hearing, the respondent was not in attendance. The representative of the complainants was in attendance, but the complainants were not. The complainants' representative stated that the complainants had failed to attend and that she had made several attempts to contact them but had been unsuccessful. I contacted the Tribunal's administrative staff to see if either party had made contact with the Tribunal directly. I was informed that they had not.
3. Decision
3.1 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 complainants' 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 allegations of discrimination I find that the complainants have failed to establish a prima facie case and the complaints therefore fail.
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Orla Jones
Equality Officer
17th September 2010