The Equality Tribunal
Employment Equality Acts 1998 to 2008
Decision DEC-E2011-015
PARTIES
Jurijs Jakovlevs
(Represented by Richard Grogan and Associates, Solicitors)
- V -
Torpedo Construction t/a Ultra Kabin Ltd.
(Represented by Aaron Shearer, BL,
instructed by Michael J Kennedy & Co., Solicitors)
File reference: EE/2008/696
Date of issue: 31 January 2011
Keywords - Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Discriminatory Dismissal - Harassment - Race - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment and discriminatory dismissal by the respondent on grounds of race, in terms of Section 6 and 14A 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 22 October 2008 under the Employment Equality Acts. On 14 January 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to Conor Stokes - 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. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 26 January 2011.
1.3 In accordance with the normal procedures of the Tribunal the parties were notified, in writing on 7 December 2010, where and when the hearing of the complaint would take place. Shortly before the hearing took place, the complainants representative indicated that the complainant would not be attending the hearing. The respondent attended the hearing.
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. The complainant was notified of the arrangements for the hearing in writing, by recorded delivery, on 7 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.
Conor Stokes
Equality Officer
31 January 2011