Employment Equality Acts 2000 to 2011
DECISION NO: DEC-2013-139
Tomas Tomaszewski
v
Noonan Services Group Ltd.
(Rep by Management Support Services Ltd.)
Date of Issue: 12 November 2013
File No. EE/2011/444
Keywords: Employment Equality Acts - discriminatory treatment - race - conditions of employment - prima facie case – failure to attend an oral hearing
1. Dispute and delegation
1.1 This dispute concerns a claim by Mr. Tomas Tomaszewski (hereafter "the complainant") that he was discriminated against on the grounds of his race in relation to his working conditions by Noonan Services Group Ltd. (hereafter “the respondent”). The complainant alleges that he was treated unfairly as regards his shifts and was given the worst rosters in his employment on grounds of his race.
1.2 Mr. Tomaszewski referred a claim of discrimination to the Director of the Equality Tribunal on 16 May 2011 under the Employment Equality Acts. On 27 August 2013, in accordance with his powers under section 75 of the Acts, the Director then delegated the case to Valerie Murtagh- 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 hearing on 21 October 2013.
2. The hearing
2.1 Both parties were advised of the date of the hearing by ordinary and registered post. The complainant did not attend on the day of the hearing and the Tribunal has not been informed of any exceptional circumstances excusing his failure to attend. I am satisfied that section 85A clearly places an onus on the complainant to establish a prima facie case of discrimination before an investigation can proceed.
3. Decision
3.1. In accordance with Section 79(6) of the Employment Equality Acts 1998-2008, 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 allegations of discrimination, I conclude the investigation and find against the complainant.
____________
Valerie Murtagh
Equality Officer
12 November 2013
DEC-E2013-139