The Equality Tribunal
Employment Equality Acts
Decision DEC-E2011-239
PARTIES
Gintaras Kanapskis
(Represented by Richard Grogan &Associates)
- V -
Strand Security Services Limited
File reference: EE/2009/812
Date of issue: 15 December 2011
Keywords - Employment Equality Acts - Failure to Attend
1. BACKGROUND
1.1 This dispute concerns a claim by Gintaras Kanapskis that he was discriminated against in relation to training, conditions of employment and other and that he was subject to discriminatory dismissal by the respondent on grounds of race in terms of Section 6 and contrary to Section 8 of the Employment Equality Acts.
1.2 The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 10 November 2009 under the Employment Equality Acts. On 7 November 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Hugh Lonsdale, 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. Written submissions were received from both parties. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 16 November 2011.
1.3 The respondent attended the hearing. The complainant did not attend the hearing. I was informed by his representative that the complainant was in hospital. The representative was advised that an adjournment would be considered if documentary evidence that the complainant was in hospital was provided by 25 November 2001. No certificate was provided and I sent a further letter on 29 November 2011 to the complainant's representative advising them that if a medical certificate was not received by 7 December 2011 then the matter would be dealt with as a no show by the complainant. No medical certificate was provided by the due date and I issue my decision accordingly.
2. DECISION
2.1 In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, 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 allegations of discrimination, I conclude the investigation and find against the complainant.
Hugh Lonsdale
Equality Officer
15 December 2011