THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011 - 031
PARTIES
Mr Romans Maliskins (represented by Richard Grogan and Associates, Solicitors)
and
Martello Developments Ltd
(represented by O'Mara Geraghty McCourt, Solicitors)
File References: EE/2007/332
Date of Issue: 22nd February 2011
Claim
1.1. The case concerns a claim by Mr Romans Maliskins that Martello Developments Ltd discriminated against him on the ground of race contrary to Section 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of access to employment, conditions of employment, pay, discriminatory dismissal and in relation to a collective agreement.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 2 June 2007. A submission was received from the complainant on 9 October 2008. A submission was received from the respondent on 15 December 2008. On 25 March 2010, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, 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 hold a joint hearing of the case on 22 February 2011. I notified the parties of the date of the hearing, by consigned, resp. registered post, on 24 August 2010. On 18 February 2011, the representative of the complainant notified the Tribunal by email that his client could not be contacted by his office, and that nobody from his office would be in attendance at the hearing. I notified the representative of the respondent of these developments. On the morning of the hearing, the respondent was in attendance. The complainant did not attend, and did not contact the Tribunal in any way.
2. Decision
2.1. In the 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.
______________________
Stephen Bonnlander
Equality Officer
22 February 2011