The Equality Tribunal
Employment Equality Acts
Decision DEC-E2013-036
PARTIES
Radoslaw Podsiadly
(Represented by Richard Grogan & Associates)
-V-
Balbriggan Service Centre Ltd.
(Represented by Peninsula Business Services)
File references: EE/2011/736
Date of issue: 3 May 2013
Keywords - Employment Equality Acts - Discriminatory Treatment - Discriminatory Dismissal - Breach of principle of Equal Remuneration - Race - Failure to Attend - Unreasonable
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment, discriminatory dismissal and that the respondent breached the entitlement to equal remuneration on the race ground, in terms of Sections 6 and 29, contrary to Section 8 of the Employment Equality Acts
1.2 The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 27 October 2011 under the Employment Equality Acts. On 24 April, 2013, in accordance with his powers under section 75 of the Acts, the Director delegated the case to Conor Stokes - an Equality Officer - for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts on which date my investigation commenced. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 3 May 2013. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
1.3 In advance of the hearing, the dismissal element of the complaint was withdrawn. The complainant's representative attended the hearing to inform the Tribunal that it had just been informed that the complaint would not be attending the hearing.
1.4 The respondent, their representative and a number of witnesses attended the hearing of this matter.
2. DECISION
2.1 In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing. 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 conclude the investigation and find against the complainant.
Conor Stokes
Equality Officer
3 May 2013