EQUALITY OFFICER'S DECISION NO: DEC-E/2013/082
PARTIES
QURESHI
-v-
APPLEGREEN SERVICE AREA LTD.
(REPRESNTED BY SHERWIN O'RIORDAN - SOLICITORS)
File No: EE/2011/364
Date of issue: 30 July, 2013
Headnotes: Employment Equality Acts 1998- 2008 - sections 6, 8 and 79 -prima facie case - failure to attend Hearing
1. BACKGROUND
1.1 The complainant (Mr. Ovais Ahad Qureshi) had his solicitor refer a complaint (on his behalf) under the Employment Equality Acts, 1998 -2008 to the Equality Tribunal on 30 March, 2011 alleging that the respondent had (i) 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) dismissed him in circumstances amounting to discrimination 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 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 19 July, 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 15 May, 2013 that a Hearing on the complaint would take place at the Offices of the Public Appointments Service, Chapter House, Dublin on 24 July, 2013 commencing at 10:30am. This notification was sent by registered post. The complainant's solicitor replied by letter dated 16 May, 2013 confirming that its client would attend the Hearing. By letter dated 5 June, 2013 the complainant's solicitor advised the Tribunal that it was no longer instructed by the complainant, that he (the complainant) was independently proceeding with the complainant and furnished an address for him top which future correspondence should be directed. The Tribunal wrote to the complainant at this address on 14 June, 2013 re-affirming the Hearing arrangements. This correspondence was sent by both registered and ordinary post. The complainant did not attend the Hearing nor did he make any contact with the Tribunal. The respondent attended the Hearing with its representative.
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, through his legal representative on record in the Tribunal, was on notice of the Hearing arrangements and he 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
30 July, 2013