EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2012 -148
PARTIES
Kolodziejczak
V
Fresh Start Recruitment Ltd
(represented by Peninsula Business Services)
File Reference: EE/2010/277
Date of Issue: 7 November, 2012
1. Dispute
1.1. This case concerns a complaint by Mr. Dolodziejczak (hereinafter referred to as "the complainant") that he was discriminated against by Fresh Start Recuitment Ltd. (hereinafter referred to as "the respondent") on the grounds of race contrary to section 6(2)(h) of the Employment Equality Acts (hereinafter referred to as "the Acts") and contrary to Section 8(1)(c) in relation to his conditions of employment. He further submitted that he was discriminated against by not being paid Equal Pay with a named comparator.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Director of the Equality Tribunal on 14th April, 2010 alleging that the respondent had discriminated against him on the ground of race. On the 22nd October, 2012, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Elaine Cassidy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Employment Equality Acts, on which date my investigation commenced.
3. Attendance at hearing
3.1. On 22nd August, 2012, and in accordance with the normal procedures of the Tribunal, the parties were notified in writing, by registered post, of the date, time and location of the hearing that was scheduled to take place in relation to the matter, in accordance with Section 79(6) of the Acts.
3.2. The complainant was represented by Maguire McClafferty Solicitors until 6 November 2012. On this date, the representatives contacted the Tribunal to advise that they had been unable to contact their client for some considerable time and were thus unable to take instructions from him. They advised that they were coming off record for the complainant and would not be attending the hearing on the following day, 7th November.
3.3. The hearing was scheduled for 10.30am on 7th November 2012. The complainant did not attend. The Tribunal had notified the complainant's legal representatives, by registered post, of the time and date of the hearing. The legal representatives in turn were unable to contact the complainant by phone or letter to advise him of the hearing. The complainant did not advise his legal advisors or the Tribunal of a new address or phone number.
4. Decision
4.1. In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision:
4.2. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The complainant, via his legal representative, was notified of the arrangements for the hearing in writing, by recorded delivery, on 22nd August, 2012. 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 allegation of discrimination, I conclude the investigation and find against the complainant.
_____________
Elaine Cassidy
Equality Officer
7th November 2012