EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2013 - 031
Rafal Gora
(represented by Deirdre O'Callaghan B.L. instructed by Barry Lonergan, Colm Burke and Co. Solicitors)
versus
CX Oriental Cash and Carry Ltd.
File reference: EE/2010/726
Date of issue: 23rd April 2013
Keywords: Employment Equality Acts, Discrimination, Disability, Dismissal, Non-attendance, No prima facie case
Dispute
This dispute concerns a complaint by Rafal Gora against CX Oriental Cash and Carry Ltd. The complainant alleges that he was discriminated against on the grounds of disability and was victimised contrary to the Employment Equality Acts 1998-2011 [hereinafter referred to as 'the Acts'].
The complainant referred his complaint under the Acts to the Director of the Equality Tribunal on 30th September 2010. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 22nd March 2013 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and a Hearing was held on 16th April 2013 as required by Section 79 (1) of the Act.
The complainant's representative was notified, by registered post, of the hearing at the address he gave to the Tribunal. At the hearing, the complainant's barrister informed me that the complainant was notified of the date of the hearing and of the importance of attending. However, the complainant is now working in Norway. An adjournment was not requested either before or at the hearing.
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 or inform the Tribunal in advance that he would not be attending was unreasonable in the circumstances. Therefore 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.
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Orlaith Mannion
Equality Officer