EDA1214

FULL RECOMMENDATION

ADE/12/14

DETERMINATIONNO.EDA1214

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2011

PARTIES :

JSD (NI) LIMITED
(REPRESENTED BY MORAN & RYAN SOLLICITORS)

- AND -

DAINIUS VAITKEVICUS, RAMUNE JURGUTIENE, ARVYDAS GECAS & RICARDAS JURGUTIS
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS)

DIVISION :

Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham

SUBJECT:
1. Appeal under Section 83 of the Employment Equality Acts, 1998 to 2011.

BACKGROUND:

2. The Employees appealed the Equality Tribunal's Decision dated 19th December, 2011 to the Labour Court in accordance with Section 83 of the Employment Equality Acts 1998 to 2011 on the 27th January, 2012.

The Court heard the appeal on the 6th June, 2012.

DETERMINATION:

This is an appeal by Dainius Vaitkevicus, Ramune Jurgutiene, Arvydas Gecas and Ricardas Jurgutis against the Decision of the Equality Tribunal in their claim of discrimination on grounds of race against their former Employer, JSD (NI) Limited.

The claims were taken pursuant to the Employment Equality Acts 1998-2011.

On the appeal being called none of the Appellants appeared in person although they were represented by Counsel. As this was a de novo hearing of the case and as none of the Appellants were available to give evidence, the claims cannot succeed.

Accordingly, the Court determined that the within appeal be struck out and the Decision of the Equality Tribunal affirmed.

Signed on behalf of the Labour Court

Kevin Duffy
26th June 2012______________________
JFChairman

NOTE

Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.