THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011 - 006
PARTIES
Mr. Krzysztof Szablewski
(represented by Richard Grogan & Associates, Solicitors)
and
Mirsk Construction Limited
(represented by Rollestons, Solicitors)
File Reference: EE/2007/194
Date of Issue: 10th January, 2011
Decision DEC - E2011- 006
1. Claim
1.1 The case concerns a claim by Mr. Krzysztof Szablewski that he was discriminated against by the respondent on the grounds of race contrary to Sections 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of discriminatory treatment and a claim in relation to a collective agreement. He also claims that he was subjected to harassment contrary to Section 14A of the Acts.
1.2 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on the 16th April 2007. On the 24th May 2010, in accordance with his powers under Section 75 of the Acts, the Director delegated the case to me, James Kelly, 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 a hearing on the 21st December 2010. The parties were notified of this date by registered post.
1.3 On the day of the hearing the respondent was in attendance. The complainant was not in attendance. I started the hearing at 10:30am as scheduled and adjourned the hearing of the case for 15 minutes to allow for the complainant time to present himself to give evidence. However, the complainant did not present himself. I contacted the Tribunal's administrative staff to see if the complainant had made contact with the Equality Tribunal directly to explain his absence. I was informed that he had not.
2. Decision
2.1 In 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.
___________________
James Kelly
Equality Officer
10th January 2011