THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011-118
PARTIES
Andrei Salienik
(represented by Richard Grogan
and Associates, Solicitors)
and
Thomas Mellon
File References: EE/2008/794
Date of Issue: 16th June, 2011
Keywords - Employment Equality Acts 1998 to 2008 - Equal Pay - Discriminatory Treatment - Discriminatory Dismissal - Race - Failure to Attend - Unreasonable
Claim
1.1. The case concerns a claim by Mr. Andrei Salienik that Mr. Thomas Mellon discriminated against him on the grounds of race contrary to sections 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of training, conditions of employment and discriminatory dismissal.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 19th November, 2008. A submission was received from the complainant on 19th May, 2009. A submission was received from the respondent on 1st July, 2009. On 7th February, 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Enda Murphy, 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 this date my investigation commenced. As required by Section 79(1) of the Acts and as part of my investigation, the parties were notified that a joint hearing in the matter would be held on 25th March, 2011. This hearing was adjourned at the request of the respondent and another joint hearing was scheduled for 15th June, 2011.
1.3. The parties were notified of the hearing date by registered post on 22nd March, 2011. The Tribunal received an e-mail from the complainant's representative at approx. 16:14 on 14th June, 2011 stating that it had attempted to contact the complainant on a number of occasions; however, it had been unable to obtain further instructions from him regarding this matter. The complainant's representative stated in this e-mail that "we are taking it that instructions are withdrawn" and it indicated that it would not be in attendance at the oral hearing on 15th June, 2011.
1.4 On the morning of the hearing, neither the complainant nor the respondent was in attendance. In the circumstances, I was satisfied that the Tribunal had made all reasonable efforts to notify the complainant of the Hearing arrangements. I started the hearing at 10:30 a.m. as scheduled and adjourned the hearing for 20 minutes to allow for the complainants late arrival. However, the complainant did not present himself nor did he contact the Tribunal in any way to explain his absence.
2. Decision
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. 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.
______________________
Enda Murphy
Equality Officer
16th June, 2011