EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2012-156
PARTIES
Tsvetislava Stankova, Vyara Gencheva, Erol Hadzhiveysal & Martin Terziyski
(Represented by Richard Grogan & Associates, Solicitors)
-V-
ISS Ireland Limited
(represented by IBEC)
File Reference: EE/2010/333, 335, 338 & 339
Date of Issue: 20th November 2012
Keywords
Employment Equality Acts 1998-2008, Dismissal - Section 2(1), Section 6(1) - less favourable treatment, Section 6(2)(a), (b) & (h) - gender, marital & race, Section 8 conditions of employment and discriminatory dismissal, failure to attend hearing, obligation under Section 79 ceased.
1. Dispute
1.1 This dispute concerns a claim by the above named complainants that they were discriminated against by the above named respondent on the race ground, in terms of Sections 6(1), 6(2)(a), (b) and (h) of the Employment Equality Acts 1998-2011 and contrary to section 8 in relation to their conditions of employment and dismissal.
2. Background
2.1 The complainants referred a complaint under the Employment Equality Acts to the Equality Tribunal on the 21st April 2008 alleging that the respondent discriminated against them contrary to the Acts. In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2011 the Director delegated the cases on 12th June, 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. A written submission was received from the complainants on the 3rd November 2008 and from the respondent on the 4th July 2012. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on the 9th July 2012.
3. Summary of the Cases
3.1 Letters dated the 17th of May 2012 were sent by registered post to the solicitor on record for the complainants, Richard Grogan & Associates, and notifying him that a joint hearing was taking place in the above mentioned complaints as required by Section 79(1) of the Act on the 4th July 2012. I sat on the 4th of July 2012 to hear the complaints and there was no attendance by the complainants or their solicitor. Shortly after the hearing Mr. Richard Grogan solicitor wrote to the Tribunal stating that he was no longer representing the complainants as instructions had been withdrawn from him. He said that another solicitor had taken over the cases and he presumed that the Tribunal had been informed. The Tribunal wrote to Mr. Grogan on the 5th of July seeking an explanation and enquiring if the complainants had been informed of the hearing date and no response was received. As Mr. Grogan referred the case on behalf of the above named complainants, accepted the registered letter notifying them of the hearing and as he is the only solicitor on record in the Tribunal I am satisfied that the complainants were notified of the hearing date.
4 Conclusions of the Equality Officer
4.1 I am satisfied from the correspondence that the complainants' solicitor was properly notified that hearings in the cases were taking place on the 4th of July 2012. I find therefore that the failure of the complainants to attend the hearing was unreasonable in the circumstances.
4.2 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 complainants' 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 allegations of discrimination, I have concluded the investigation and find against the complainants.
_________________
Marian Duffy
Equality Officer
20th November 2012