THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011-071
PARTIES
Eimantas Mickevicius
(Represented by Richard Grogan & Associates, Solicitors)
-V-
Thornvale Construction Limited.
File Reference: EE/2008/425
Date of Issue: 7th April 2011
Decision DEC - E2011-071
Eimantas Mickevicius
(Represented by Richard Grogan & Associates, Solicitors)
-V-
Thornvale Construction Limited.
Keywords
Employment Equality Acts 1998-2008, Dismissal - Section 2(1), Section 6(1) - less favourable treatment, Section 6(2)(h) - Race, Section 8 conditions of employment and discriminatory dismissal, failure to attend hearing, obligation under Section 79 ceased.
1. Dispute
1.1 This dispute concerns a claim by the above named complainant that he was discriminated against by the above named respondent on the race ground, in terms of Sections 6(1), 6(2) (h) of the Employment Equality Acts 1998-2008 and contrary to section 8 in relation to his conditions of employment and dismissal.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on the 23rd June 2008 alleging that the respondent discriminated against him contrary to the Acts. In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 8th March, 2011 to me, Marian Duffy, 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 from the complainant on the 8th April 2009. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on the 30th March, 2011.
3. Summary of the Case
3.1 Letters dated the 26th of January 2011 were sent by registered post to both the complainant's solicitor and the respondent notifying them that a joint hearing was taking place as required by Section 79(1) of the Act on the 30th March 2011. The respondent by letter dated the 1st February 2011 notified the Equality Tribunal that the complaint referred by the complainant had been settled between the parties in September 2008. A copy of the settlement agreement signed by the parties was enclosed. The letter and the enclosed agreement were sent to the complainant's legal representative for his comments. The solicitor sin response stated that he had no knowledge of the agreement and he had written to his client seeking instructions. On the 24th of March 2011 the complainant's solicitor stated that he was unable to get instructions from his client and that he would not be in attendance at the hearing. I sat to hear the complaint and neither the complainant nor the respondent attended.
4 Conclusions of the Equality Officer
3.1 I am satisfied from the correspondence that the complainant through his solicitor was properly notified that a hearing in his case was taking place on the 30th March 2011. As no adjournment was sought or granted, I find that the failure of the complainant to attend the hearing was unreasonable in the circumstances.
4. Decision
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 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 have concluded the investigation and find against the complainant.
_________________
Marian Duffy
Equality Officer
7th April 2011