THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2013-051
Parties
Sameldass Choorun Kumar
(represented by Able Solicitors)
versus
Supermacs Ireland Ltd.
(represented by IBEC)
File reference: EE/2011/323
Date of issue: 24th May 2013
Keywords: Employment Equality Acts, Discrimination, Race, Dismissal, Non-attendance, No prima facie case
Dispute
This dispute concerns a complaint by Sameldass Choorun Kumar against Supermacs Ireland Ltd. The complainant alleges that he was discriminated against on the grounds of race 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 8th March 2011. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 2nd May 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 17th May 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 she gave to the Tribunal. The complainant's solicitor informed me that she notified the complainant of the date of the hearing and the importance of attending. Despite this, the complainant did not attend 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 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 allegation of discrimination, I conclude the investigation and find against the complainant.
_______________
Orlaith Mannion
Equality Officer