DECISION NO: DEC-E/2012/171
PARTIES
RYPIEN
AND
KC CIVIL ENGINEERING LTD.
File No: EE/2010/610
Date of issue: 12 December, 2012
Headnotes: Employment Equality Acts 1998-2008 - sections 6&8 -race- discriminatory treatment - discriminatory dismissal - prima facie case - non attendance at Hearing.
1. BACKGROUND
1.1 The complainant (Mr. Maciej Rypien) referred a complaint under the Employment Equality Acts, 1998 -2008 to the Equality Tribunal on 3 August, 2010 alleging that the respondent had (i) discriminated against him on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 -2008, contrary to section 8 of those Acts and (ii) dismissed him in circumstances amounting to discrimination on grounds of race in terms of section 6(2) of the Employment Equality Acts, 1998-2008 contrary to section 8 of those Acts. In accordance with his powers under the Employment Equality Acts, 1998-2011 the Director delegated the complaint to the undersigned, Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 20 November, 2012, the date it was delegated to me.
1.2 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 7 September, 2012 that a Hearing on the complaint would take place at Chapter House, Dublin on 7 December, 2012 commencing at 2:30pm. This notification was sent by both recorded and ordinary delivery and was sent to the addresses contained on the complainant's original referral form (Form EE1). This correspondence was returned to the Tribunal undelivered over the following four weeks. In the complainant's case the correspondence was marked "not called for". In the respondent's case it was marked "gone away". The Form EE1 did not contain any other contact details (phone number or e-mail address) in respect of the complainant. Neither party attended the Hearing on the time and date scheduled.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with section 79(6) of the Employment Equality Acts, 1998-2011 I issue the following decision. Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. It is the complainant's responsibility to keep the Tribunal informed of changes to his contact details. He failed to do so. In the circumstances I am satisfied that the Tribunal made all reasonable efforts to notify the complainant of the Hearing arrangements. He failed to attend the Hearing or make any contact with the Tribunal. I therefore find that the complainant's failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegations of unlawful treatment in terms of the Acts I conclude the investigation and find against the complainant.
_____________________________________
Vivian Jackson
Equality Officer
12 December, 2012