THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2011-202
and
PENSION ACTS 1990-2004
Decision DEC - P2011-02
PARTIES
Marius Drutca
and
Jean Morton
(represented by Beauchamps Solicitors)
File References: EE/2009/113 & PEN/2009/003
Date of Issue: 28th October, 2011
Claim
1.1. The case concerns a claim by Mr. Marius Drutca that Ms. Jean Morton discriminated against him on the grounds of race contrary to section 6(2)(h) of the Employment Equality Acts 1998 to 2008 in terms of his conditions of employment and section 66(2)(h) of the Pensions Acts, 1990 to 2004 in terms of access to an occupational pension scheme.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 12 February, 2009 and a complaint under the Pensions Acts, 1990 to 2008 to the Director of the Equality Tribunal on 3 March, 2009. A submission was received from the complainant on 13 July, 2009. A submission was received from the respondent on 26 August, 2009. On 15 July, 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, I proceeded to hold a joint hearing of the case on 26 October, 2011.
1.3. The parties were notified of the hearing date by registered post on 15 September, 2011. The notification letter of the hearing was also sent by e-mail to the e-mail address that had been provided by the complainant on his Complaint Referral Form (EE.1). On the morning of the hearing, the respondent and its representative were in attendance. The complainant did not attend, and did not contact the Tribunal in any way. In the circumstances, I was satisfied that the Tribunal had made all reasonable efforts to notify the complainant of the Hearing arrangements.
2. Decision
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts and section 81J of the Pension Acts, I issue the following decision. As part of my investigation under Section 79 of the Employment Equality Acts and Section 81J of the Pensions Acts, 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 of the Employment Equality Acts and Section 81J of the Pensions Acts 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
28th October, 2011