THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011 - 032
PARTIES
Mr Audrius Jonaitis
(represented by Richard Grogan & Associates)
and
Rye Valley Foods Limited
File Reference: EE/2008/759
Date of Issue: 23rd February, 2011
Headnotes: Employment Equality Acts, 1998 to 2008, section 6,8 - Discriminatory Dismissal - Conditions of Employment - Race - Failure to attend - Unreasonable in the circumstances
1. Dispute
1.1. This case concerns a complaint by Mr. Audrius Jonaitis (hereinafter referred to as "the complainant") that he was discriminated against by Rye Valley Foods Ltd. (hereinafter referred to as "the respondent") on the grounds of race contrary to section 6(2)(h) of the Employment Equality Acts (hereinafter referred to as "the Acts") and contrary to Sections 8(1)(b) and 8(6)(c) of the Acts in relation to (i) conditions of employment and (ii) dismissal.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Director of the Equality Tribunal on 11th November, 2008 alleging that the respondent had discriminated against him on the ground of race.
2.2 On the 31st January, 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Gary O'Doherty, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Employment Equality Acts, on which date my investigation commenced. Written submissions were received from the complainant, but not from the respondent. A hearing of the complaint was held on Friday, 18th February, 2011.
3. Summary of the Complainant's case
3.1. Submissions were sought from both parties in relation to the matter, but received from the complainant only. On 10th December, 2010, and in accordance with the normal procedures of the Tribunal, the parties were notified in writing, by registered post, of the date, time and location of the hearing that was scheduled to take place in relation to the matter, in accordance with Section 79(6) of the Acts. The case having been assigned to me on 31st January, 2011, I proceeded to open the hearing at the scheduled time and date of 10.30 a.m on Friday, 18th February, 2011.
3.2. The respondent was not in attendance at the hearing. The complainant's representative was in attendance at the hearing but informed the Tribunal that the complainant was not present and it was not in a position to communicate with him to investigate whether he would be in attendance. As I was satisfied that the complainant had been served with valid notification of the hearing, I outlined to his representative that, as he failed to attend the hearing in person, I was bringing the hearing to a close and a decision would issue shortly in the matter. I closed the hearing at 10.45 a.m.
4. Decision
4.1. In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision:
4.2. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The complainant was notified of the arrangements for the hearing in writing, by recorded delivery, on 10th December 2010. 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.
_____________
Gary O'Doherty
Equality Officer
23rd February, 2011