EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2012 -158
PARTIES
Mr Lorenc
(represented by Independent Workers Union)
V
Niscayah Ltd
(represented by IBEC)
File Reference: EE/2009/930
Date of Issue: 22 November, 2012
1. Dispute
1.1. This case concerns a complaint by Mr. Lorenc (hereinafter referred to as "the complainant") that he was discriminated against by Niscayah 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.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts to the Director of the Equality Tribunal on 15 December 2009 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 24th 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 hearing was scheduled for 10.30am on 21st 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 11am, and then further until 11.45am 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 complainant attended accompanied by their legal representative.
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 24th 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
22 November 2012