The Equality Tribunal
3 Clonmel Street
Dublin 2.
Phone: 353 -1- 4774100
Fax: 353-1- 4774141
E-mail: info@equalitytribunal.ie
Website: www.equalitytribunal.ie
Employment Equality Acts
1998-2008
EQUALITY OFFICER'S DECISION
NO: DEC-E2011-188
PARTIES
Petrucionis and Ivanauskas
(represented by Grogan and Associates Solicitors)
- V -
McGuire Haulage Ltd
(represented by ESA consultants)
File references: EE/2009/887 &889
Date of issue: 06 October 2011
Keywords :Employment equality Acts 1998-2008 - Discriminatory Treatment - Conditions of Employment - Discriminatory Dismissal - Race - Prima facie case
1. Dispute
1.1. This dispute concerns a claim by Mr. Zydrunas Petrucionis and Mr Ernestas Ivanauskas (hereafter "the complainants") that they were subjected to discriminatory treatment and discriminatory dismissal contrary to the Employment Equality Acts by McGuire Haulage Ltd (hereafter "the respondent") on the ground of their race.
1.2. The complainants referred their claims of discrimination to the Director of the Equality Tribunal on 1 December 2009 under the Employment Equality Acts. On 29 September 2011, in accordance with his powers under section 75 of the Acts, the Director then delegated this case to Elaine Cassidy- 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. As required by Section 79(1) and as part of my investigation, I proceeded to hearing on 5 October 2011.
2. Case for the complainant
2.1. Both parties were advised of the date of the hearing by registered post on 21 July 2011. The complainants' representative informed the Tribunal on the day of the hearing that the complainants were aware that the hearing was taking place. The complainants did not attend the hearing.
3. Decision
3.1. In the light of the foregoing, and in accordance with Section 79(6) of the Acts, I issue the following decision. I find that the complainants' failure to attend a hearing was unreasonable in the circumstances of this case and that any obligation under Section 79 has ceased. I conclude the investigation and find against the complainants.
_________________________
Elaine Cassidy, Equality Officer
6 October 2011