The Equality Tribunal
3 Clonmel Street
Dublin 2.
Phone: 353 -1- 4774100
Fax: 353-1- 4774141
E-mail: info@equalitytribunal.ie
Website: www.equalitytribunal.ie
Employment Equality Acts
1998-2008
EQUALITY OFFICER'S DECISION
NO: DEC-E2011-138
PARTIES
Zydruvas Juzikis
(Represented by Richard Grogan and Associates)
- V -
Arcwell Developments
File references: EE/2009/099
Date of issue: 11/07/2011
EE/2009/099 - DEC/2011/138
Keywords
Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Race - Conditions of employment - Discriminatory dismissal - Prima facie case
1. Dispute
1.1. This dispute concerns a claim by Mr Zydruvas Juzikis (hereafter "the complainant") that he was subjected to discriminatory treatment contrary to the Employment Equality Acts by Arcwell Developments Ltd (hereafter "the respondent") on the ground of his race.
1.2. The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 9 February 2009. The claim was made on the race ground. On 24 June 2011, in accordance with his powers under section 75 of the Acts, the Director then delegated these cases to Elaine Cassidy- 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 hearing on 6 July 2011. The complainant did not attend the hearing. His solicitor informed the Tribunal that he had no instructions from his client.
2. Decision
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Acts, I issue the following decision. I find that the complainant's failure to attend a hearing was unreasonable in the circumstances of this case and that any obligation under Section 79 has ceased. I conclude the investigation and find against the complainant.
________________
Elaine Cassidy
Equality Officer
11/07/2011