The Equality Tribunal
3 Clonmel Street
Dublin 2.
Phone: 353 -1- 4774100
Fax: 353-1- 4774141
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Website: www.equalitytribunal.ie
Employment Equality Acts 2000 to 2008
EQUALITY OFFICER'S DECISION
NO: DEC-E2011-159
Andrejs Sincenko
(Represented by Grogan and Associates Solicitors)
And
Goode Concrete Limited
(Represented by Reidy Stafford Solicitors)
File No. EE/2008/456
Date of Issue: 1 September 2011
File reference: EE/2008/456 - DEC-E2011-159
Employment Equality Acts - Discriminatory treatment - Discriminatory dismissal - Race- Prima Facie Case
1. Dispute and delegation
1.1 This dispute concerns a claim by Mr. Andrejs Sincenko (hereafter "the complainant") that she was subjected to discriminatory treatment and discriminatory dismissal by Goode Concrete Limited (hereafter "the respondent") on the grounds of his race. The complainant submitted that the first date of discriminatory act was on 9 August 2005. The date of dismissal was 9 May 2008.
1.2 The complainant referred a claim of discrimination to the Director of the Equality Tribunal on 7 July 2008 under the Employment Equality Acts. On 16 July 2010, in accordance with his powers under section 75 of the Acts, the Director then delegated the case to Tara Coogan- 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 1 September 2011. Previous hearing dates had been adjourned due to adverse weather conditions and a second due to a bereavement.
2. The hearing
2.1. Both parties were advised of the date of the hearing by registered post dated on 15 July 2011. The complainant did not attend the hearing and the Tribunal has not been informed of any exceptional circumstances excusing his failure to attend. Section 85A clearly places an onus on the complainant to establish a prima facie case of discrimination before an investigation can proceed.
3. Decision
3.1. In the light of the foregoing I issue the following decision. I find that the complainant's 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 complainant.
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Tara Coogan
Equality Officer
1 September 2011