The Equality Tribunal
Employment Equality Acts
Decision DEC-E2013-053
PARTIES
Agris Libietis
- V -
Liam Carroll Group (in liquidation)
File references: EE/2010/527
Date of issue: 31 May 2013
Keywords - Employment Equality Acts - Discriminatory Treatment - Harassment - Victimisation - Race - Age - Failure to Attend
1. BACKGROUND
1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment, harassment and victimisation by the respondent on grounds of race and age, in terms of Section 6 and contrary to Sections 8, 14A and 74 of the Employment Equality Acts
1.2 The complainant referred his claims of discrimination to the Director of the Equality Tribunal on 13 July 2010 under the Employment Equality Acts. On 2 May 2013, in accordance with his powers under section 75 of the Acts, the Director delegated the cases 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 29 May 2013. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
1.3 The date of the hearing was notified to the complainant by registered and ordinary post to the address supplied by the complainant. The registered letter came back marked 'not known at this address'. No updated address was provided to the Tribunal. I am satisfied that reasonable efforts were made to inform the complainant of the arrangements of this hearing.
1.4 The liquidator for the respondent notified the Tribunal in advance that he would not be in a position to attend the hearing.
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 reasonable efforts were made to notify the complainant of the arrangements for the hearing. I find that, in light of the failure to attend such a hearing, 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
31 May 2013