THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011-119
PARTIES
Bogdan Rygucki
-V-
Park House Hotel / Park Room Restaurant
File Reference: EE/2009/002
Date of Issue: 16th June 2011
Decision DEC - E2011-119
Bogdan Rygucki
-V-
Park House Hotel / Park Room Restaurant
Keywords
Employment Equality Acts 1998-2008, Dismissal - Section 2(1), Section 6(1) - less favourable treatment, Section 6(2)(h) - Race, Section 8 conditions of employment and discriminatory dismissal, failure to attend hearing, obligation under Section 79 ceased.
1. Dispute
1.1 This dispute concerns a claim by the above named complainant that he was discriminated against by the above named respondent on the race ground, in terms of Sections 6(1), 6(2) (h) of the Employment Equality Acts 1998-2008 and contrary to section 8 in relation to their conditions of employment and dismissal. He also alleges he was harassed contrary to Section 14A and that he was victimised contrary to Section 74(2).
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on the 5th January 2009 alleging that the respondent discriminated against him contrary to the Acts. In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 26th April, 2011 to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts. This is the date I commenced my investigation. A written submission was received from the complainant on the 18th April 2009 and from the respondent on the 23 September 2009. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing in Galway on the 8th of June 2011.
3. Summary of the Cases
3.1 Letters dated the 21st March 2011 were sent by registered post to the complainant and to the respondent notifying them that a joint hearing was taking place as required by Section 79(1) of the Act on the 8th June 2011. The registered post sent to the complainant was returned to the Tribunal on the 11th of April 2011 because the complainant did not call to the post office to collect it. The notification of the hearing was then sent to the complainant by ordinary post and no response was received from him nor did he notify the Tribunal at any time of a change of address. I sat on the 8th of June 2011 to hear the case and neither the complainant nor the respondent attended
4 Conclusions of the Equality Officer
4.1 I am satisfied that the complainant was notified at the last known address he provided to the Tribunal that a hearing in his case was taking place on the 8th of June 2011. Therefore, I find that the failure of the complainant to attend the hearing was unreasonable in the circumstances.
4.2 Decision
In the light of the foregoing, and in accordance with Section 79(6) of the Act, 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 have concluded the investigation and find against the complainant.
_________________
Marian Duffy
Equality Officer
16th June 2011