The Equality Tribunal
Employment Equality Acts
Decision DEC-E2012-047
PARTIES
Li Zheng
(Represented by Paul O'Sullivan & Co., Solicitors)
- V -
Nationwide Controlled Parking Systems Ltd.
File references: EE/2009/191
Date of issue: 24 April 2012
Keywords - Employment Equality Acts 1998 to 2011 - Discriminatory Treatment - Equal Pay - Race - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment by the respondent on grounds of race, in terms of Section 6 and contrary to Section 8 of the Employment Equality Acts and that the principle of equal remuneration as provided for in Section 29 was not adhered to.
1.2 The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 23 March 2009 under the Employment Equality Acts. On 23 September 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to Conor Stokes - 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 a hearing on 24 April 2012. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
1.3 The date of the hearing was notified to the parties by registered post. Accordingly I am satisfied that the parties were notified of the hearing arrangements for this complaint.
1.4 The respondent attended the hearing of this matter, the complainant did not.
2. DECISION
2.1 In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the 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 allegations of discrimination, I conclude the investigation and find against the complainant.
Conor Stokes
Equality Officer
24 April 2012