The Equality Tribunal
Employment Equality Acts 2000 to 2008
EQUALITY OFFICER'S DECISION
NO: DEC-2012-098
Parties
Mindaugas Milius
(Represented by Grogan and Associates Solicitors)
V
Philip Redmond
File No. EE/2008/209
Date of Issue: 1 August 2012
Keywords
Employment Equality Acts - Discriminatory treatment - Conditions of Employment - Discriminatory dismissal - Race - Prima facie Case - failure to attend an oral hearing
1. Dispute and delegation
1.1 This dispute concerns a claim by Mr. Mindaugas Milius (hereafter "the complainant") that he was subjected to discriminatory treatment and discriminatory dismissal by Philip Redmond (hereafter "the respondent") on the grounds of his race. The complainant claims that he was treated less favourably because he was not provided with a proper contract of employment and health and safety documentation and training. Furthermore, it is claimed that the complainant was discriminatorily dismissed on the grounds of his race. The first date of alleged discrimination was in or about September 2007. The complainant submitted that he was dismissed in or about December 2007.
1.2 The complainant referred a claim of discrimination to the Director of the Equality Tribunal on 4 April 2008 under the Employment Equality Acts. On 13 June 2012, in accordance with his powers under section 75 of the Acts, the Director then delegated the case to Valerie Murtagh- 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 25 July 2012.
2. The hearing
2.1. Both parties were advised of the date of the hearing by ordinary and registered post on 21 May 2012. The complainant did not attend the hearing and the Tribunal has not been informed of any exceptional circumstances excusing his failure to attend. The complainant's representative did inform the Tribunal that she had been unable to contact the complainant. I am satisfied that 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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Valerie Murtagh
Equality Officer
1 August 2012