The Equality Tribunal
Employment Equality Acts 1998 to 2008
Decision DEC-E2011-108
PARTIES
Vladimirs Markovs
(Richard Grogan &Associates)
- V -
Martin Jones t/a Island View Nurseries
(Represented by IBEC)
File reference: EE/2009/509
Date of issue: 7 June 2011
Keywords - Employment Equality Acts 1998 to 2008 - Training, Conditions of Employment, Other & Discriminatory Dismissal - Race - Failure to Attend
1. BACKGROUND
1.1 This dispute concerns a claim by Vladimirs Markovs that he was discriminated against in relation to training, conditions of employment and other and that he was subject to discriminatory dismissal by the respondent on grounds of race in terms of Section 6 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 23 July 2009 under the Employment Equality Acts. On 30 May 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Hugh Lonsdale, 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. Written submissions were received from both parties. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 1 June 2011.
1.3 The respondent attended the hearing. The complainant did not attend the hearing. In accordance with the normal procedures of the Tribunal the parties were notified, in writing by registered post on 30 March 2011 where and when the hearing of the complaint would take place and I am satisfied the complainant's representative was aware of the details of 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 30 March 2011. I find that the complainants' 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 allegations of discrimination, I conclude the investigation and find against the complainant.
Hugh Lonsdale
Equality Officer
7 June 2011