EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2012-153
PARTIES
Daniel Czajkowski
-V-
John Connor t/a Downings Bay Hotel
(represented by Kevin Mc Elhinney, Solicitor Gibson & Associates)
File Reference: EE/2009/851
Date of Issue: 19th November 2012
Keywords
Employment Equality Acts 1998-2011, Section 6(1) - less favourable treatment, - Section 6(2)(h) - Race, Section 8- conditions of employment, dismissal, failure to attend hearing - no evidence to support case.
1. Dispute
1.1 This dispute concerns a claim by a complainant that he was discriminated against by the above named respondent on the race ground, in terms of Sections 6(1), and 6(2) (h) of the Employment Equality Acts 1998-2011 and contrary to section 8 in relation to his conditions of employment and training and dismissal. He also alleges harassment contrary to section 14A and victimisation contrary to Section 74(2) of the Acts.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on the 25th November 2009 alleging that the respondent discriminated against him contrary to the Acts. In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2011 the Director delegated the case on the 4th September, 2012 to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from the complainant on the 12th March 2010 and from the respondent on 11th August 2010. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on the 2nd October, 2012.
2.2 On the 1st of August 2012, the Tribunal notified both parties by registered and ordinary post that a hearing of the case would take place on the 2nd of October 2012 in the Clanree Hotel, Letterkenny. I sat to hear the case as notified. The respondent together with his solicitor attended the hearing as scheduled but the complainant did not turn up. The respondent's solicitor notified the Tribunal that the complainant referred other complaints under employment legislation to the Rights Commissioner and he withdrew these cases prior to the hearings and he was of the view that the complainant would not attend.
3. Conclusions of the Equality Officer
3.1 I am satisfied the complainant was properly notified that a hearing in his case was scheduled for the 2nd of October 2012. I note that the complainant has returned to Poland and that he has withdrawn other employment related complaints. I find therefore, that the complainant's failure to attend the Tribunal was unreasonable in the circumstances.
4. Decision
In the light of the foregoing, and in accordance with Section 79(6) of the Act, I issue the following decision: As part of my investigation under Section 79 of the Act, I am obliged to hold a Hearing. 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.
_______________________
Marian Duffy
Equality Officer
19th November 2012