EQUALITY OFFICER'S DECISION NO: DEC-E/2013/067
PARTIES
GORZOVS
(REPRESENTED BY RICHARD GROGAN AND ASSOCIATES - SOLICITORS)
-v-
MICHAEL GANNON LANDSCAPING LTD
File No: EE/2010/355
Date of issue: 8 July, 2013
Headnotes: Employment Equality Acts 1998- 2008 - sections 6,7 8 and 79 -prima facie case - failure to attend Hearing
1. BACKGROUND
1.1 The complainant (Mr. Andris Gorzovs) referred a complaint under the Employment Equality Acts, 1998 -2008 to the Equality Tribunal on 11 May, 2010 alleging that (i) the respondent had discriminated against him on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 -2008, contrary to section 8 of those Acts, in respect of his conditions of employment and (ii) he performed like work in terms of section 7 of the Employment Equality Acts, 1998-2008 with three named Irish comparators and was therefore entitled to the same rate of remuneration paid by the respondent to those comparators, pursuant to section 29 of the Acts. In accordance with his powers under the Employment Equality Acts, 1998-2011 the Director delegated the complaint to the undersigned - Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 24 June, 2013, the date it was delegated to me.
1.2 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 10 May, 2013 that a Hearing on the complaint would take place at Chapter House, Dublin on 5 July, 2013 commencing at 10:30am. This notification was sent by registered post. The solicitor on record for the complainant contacted the Tribunal by telephone on 3 July, 2013 advising that the complainant had confirmed his attendance at the Hearing. However, the complainant did not attend the Hearing. The complainant's solicitor, who was present at the designated time and location, informed the Equality Officer that her client was aware of the Hearing arrangements and despite efforts to contact him that morning she had been unable to do so. She was not therefore able to offer any explanation for his failure to attend. The respondent neither attended nor was represented at the Hearing.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with section 79(6) of the Employment Equality Acts, 1998-2011 I issue the following decision. Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the complainant was on notice of the Hearing arrangements and failed to attend, without explanation. I therefore find that the complainant's failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegations of unlawful treatment in terms of the Acts I conclude the investigation and find against the complainant.
_____________________________________
Vivian Jackson
Equality Officer
8 July, 2013