Equality Officer's Decision No: DEC-E/2011/104
Parties
Sala
(Represented by Polish Consultancy Enterprise)
And
Pat Burke Electrical Ltd. (In Liquidation)
File No: EE/2007/221
Date of issue: 2 June, 2011
Headnotes: Employment Equality Acts 1998 & 2004 - sections 6&7 -race- equal pay - prima facie case - non attendance at Hearing.
1. BACKGROUND
1.1 The complainant, who is a Polish national, referred a complaint under the Employment Equality Acts, 1998 and 2004 to the Equality Tribunal on 26 April, 2007 claiming that he performed "like work" in terms of section 7 of the Acts with two named Irish comparators and that he was therefore entitled to the same rate of remuneration as paid by the respondent to those comparators in accordance with section 29 of the Acts. The respondent rejected this assertion and notwithstanding this argument submitted that there were grounds unconnected with the nationalities of the complainant and comparators which rendered the rates of remuneration paid to them lawful in terms of section 29(5) of the Acts.
1.2 I decided to investigate this matter as a preliminary issue in accordance with section 79(3) of the Employment Equality Acts, 1998 and 2004. A Hearing on this issue took place on 10 June, 2010 and my Decision on the matter, which found against the respondent, issued on 14 September, 2010. Following on from this Decision I decided to proceed to determine the question of whether or not "like work" existed between the complainant and comparators in terms of section 7 of the Acts and I requested the parties to file job descriptions. Work Inspections and a Final Hearing were scheduled for a venue in Sligo on 6 December, 2010. However, due to the inclement weather at that time the arrangements were postponed and the Work Inspection and Final Hearing were re-scheduled for 10 March, 2011 at the same location. On 9 March, 2011 I was advised that the complainant's representative had not received notification of the revised arrangements and in the circumstances they were again postponed.
1.3 On 20 April, 2011 I advised the parties in writing that the Work Inspection and Final Hearing would take place at a venue in Sligo on Monday 30 May, 2011 commencing at 2pm. This notification was sent by recorded delivery to the complainant's representative and the Liquidator appointed to the respondent. Neither party attended at the venue at the time advised.
2. DECISION OF THE EQUALITY OFFICER.
Section 79(1) of the Employment Equality Acts, 1998-2008 requires me, as part of my investigation, to hold a Hearing. The parties were notified of the arrangements for the Work Inspection and Hearing in writing, by recorded delivery, on 20 April, 2011. I am satisfied that the complainant's representative received this notification within days of it issuing from this Tribunal. It was open to the complainant's representative to seek an adjournment of those arrangements at any time after 20 April, 2010, however it did not do so. Indeed, it made no contact with the Tribunal whatsoever. In the circumstances I find that the complainant's failure to attend the Hearing is unreasonable and that any obligation under section 79(1) has ceased. As no evidence was presented by the complainant in support of his complaint I conclude the investigation and find against him.
_____________________________________
Vivian Jackson
Equality Officer
2 June, 2011