EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2012 -152
PARTIES
Mr Mucha
(represented by Blazej Nowak)
V
DTS Warehousing Solutions Ltd
File Reference: EE/2010/706
Date of Issue: 15 November, 2012
1. Dispute
1.1. This case concerns a complaint by Mr. Mucha (hereinafter referred to as "the complainant") that he was discriminated against by DTS Warehousing Solutions 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 and his dismissal 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 21st September, 2010 alleging that the respondent had discriminated against him on the ground of race. On the 23rd 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 25th September, 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 hearing was scheduled for 2.30pm on 14th November 2012. The hearing was opened in the presence of the respondent and an interpreter provided by the Tribunal on behalf of the complainant. The complainant did not attend. The matter was adjourned until 3pm, at which time it was closed due to the absence of the complainant. The Tribunal had notified the complainant's representative, by registered post, of the time and date of the hearing. The complainant's representative did not contact the Tribunal to explain his or his client's absence. The former manager of the respondent company attended the hearing and presented a written submission. He submitted that the company is now dissolved.
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 25th September, 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
15th November 2012