EQUALITY OFFICER'S DECISION NO: DEC-E/2010/188
PARTIES
KLIMINSKAS
(REPRESENTED BY RICHARD GROGAN AND ASSOCIATES - SOLICITORS)
AND
SHEREX LTD
File No: EE/2006/484
Date of issue: 29 September, 2010
Headnotes: Employment Equality Acts 1998 & 2004 - sections 6,8,14A & 77 - race- discriminatory treatment - conditions of employment - harassment - dismissal - prima facie case - non attendance at Hearing
1. BACKGROUND
1.1 The complainant referred a complaint under the Employment Equality Acts, 1998 and 2004 to the Equality Tribunal on 21 December, 2006 alleging that the respondent had (i) discriminated against him on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 and 2004 and contrary to section 8 of those Acts, (ii) harassed him on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 and 2004 and contrary to section 14A of those Acts, and (iii) dismissed him in circumstances amounting to discrimination on grounds of race in terms of section 6(2) of the Employment Equality Acts, 1998 and 2004 and contrary to section 77 of those Acts. In accordance with her powers under the Acts the Director delegated the complaint to the undersigned - Vivian Jackson, 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 20 September, 2010, the date the complaint was delegated to me.
1.2 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 14 July, 2010 that a Hearing on the complaint would take place at Chapter House, Dublin on 22 September, 2010 commencing at 10:30am. This notification was sent by recorded delivery to the complainant's representative. The complainant did not attend the Hearing. However, his representative was in attendance and informed the Equality Officer that the complainant had returned to Lithuania and was therefore unable to attend 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, by recorded delivery, on 14 July, 2010. I am satisfied that the complainant's representative received this notification within days of it issuing from this Tribunal. He confirmed at the Hearing that the complainant has now returned home to Lithuania and was unable to say if and when he intended to return to Ireland. It was open to the complainant's representative to seek an adjournment of the Hearing arrangements at any time after 14 July, 2010, however it did not do so. 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 complaint I conclude the investigation and find against the complainant.
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Vivian Jackson
Equality Officer
29 September, 2010