THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011 - 109
PARTIES
Mr Evaldas Miktus
(represented by Richard Grogan & Associates)
and
AIBP Ltd. and Anglo-Irish Beef Processors
(represented by Purdy Fitzgerald, solicitors)
File Reference: EE/2009/233-234
Date of Issue: 8th June, 2011
Headnotes: Employment Equality Acts, 1998 to 2008, section 6,8 - Training - Discriminatory Dismissal - Conditions of Employment - Race - Failure to attend - Unreasonable in the circumstances
1. Dispute
1.1. This case concerns a complaint by Mr. Evaldas Miktus (hereinafter referred to as "the complainant") that he was discriminated against by AIBP Ltd. and Anglo-Irish Beef Processors (hereinafter referred to as "the respondents") on the grounds of race contrary to section 6(2)(h) of the Employment Equality Acts (hereinafter referred to as "the Acts") and contrary to Sections 8(1)(b), 8(1)(c) and 8(6)(c) of the Acts in relation to (i) training, (ii) conditions of employment and (iii) dismissal.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Director of the Equality Tribunal on 14th April, 2009, alleging that the respondents had discriminated against him on the ground of race.
2.2 On the 16th May, 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Gary O'Doherty, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Employment Equality Acts, on which date my investigation commenced. A hearing of the complaint was held on Wednesday, 25th May, 2011.
3. Attendance at hearing
3.1. On 10th February, 2011, and in accordance with the normal procedures of the Tribunal, the parties were notified in writing, by registered post, of the date, time and location of the hearing that was scheduled to take place in relation to the matter, in accordance with Section 79(6) of the Acts. The case having been assigned to me on 16th May, 2011, I proceeded to open the hearing at the scheduled time and date of 2.30 p.m on Wednesday, 25th May, 2011.
3.2. The complainant's representative had informed the Tribunal on the morning of the hearing that the complainant would not be in attendance at the hearing but that it was not in a position to withdraw the matter. Therefore, I proceeded with the hearing of the matter. The complainant's representative was in attendance at the hearing and informed the Tribunal that it had been unsuccessful in its attempt to communicate with the complainant to investigate whether he would be in attendance.
3.3. As I was satisfied that the complainant had been served with valid notification of the hearing, I outlined to his representative that, as he failed to attend the hearing in person, I was bringing the hearing to a close. I stated that a decision would issue shortly in the matter. I stated that, as no evidence was given at the hearing in support of the allegation of discrimination, I would, in that decision, be finding against the complainant. This was noted and accepted by the complainant's representative. The respondent's representative was not in attendance as it had also been informed that the complainant would not be in attendance.
3.4. Therefore, I closed the hearing at 2.35 p.m.
4. Decision
4.1. In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision:
4.2. 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 10th February, 2011. 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.
_____________
Gary O'Doherty
Equality Officer
8th June, 2011