DECISION NO: DEC-E/2013/008
PARTIES
Mr. Adrian Paweska
(Represented by Mark Cooney Solicitors)
Vs
Vogue Bathrooms & Tiles Limited
File No: EE/2010/757
Date of issue: 8th February 2013
1. Dispute
1.1 This dispute involves a claim by Mr. Adrian Paweska that he was discriminated against by Vogue Bathroom & Tiles Limited, on grounds of race, in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts, in relation to his conditions of employment and other and in relation to his dismissal. There is also a claim of harassment on the grounds of race and of failure to provide reasonable accommodation.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on the 21st of October, 2010 alleging that the respondent had discriminated against him on grounds of race when they failed to provide him with a contract of employment or health and safety documentation. In addition it is submitted that the complainant was dismissed from his job, following an illness, without notice or fair procedure.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 21st December, 2012 to me, Orla Jones, 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 complainant. No submission was received from the respondent.
2.3 The complainant's representative advised the Tribunal, prior to the hearing, that she had notified the complainant of the hearing arrangements but that she had received no response from him and could not confirm his attendance at the hearing, however the complaint was not withdrawn. On the day of the hearing, neither the complainant nor the respondent was in attendance.
3. Decision
3.1 In light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I am satisfied that the complainant received notification of the hearing arrangements. 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 allegations of discrimination I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
____________________
Orla Jones
Equality Officer
8th of February, 2013