The Equality Tribunal
Employment Equality Acts 2000 to 2011
DECISION NO: DEC-E2013-132
Krastan Krastev & Kestutis Mikulskis
(Represented by Richard Grogan & Associates)
v
Clodagh O' Dwyer McAnenly & Sean McAnenly
t/a Grange Transport
Date of Issue: 21 October 2013
File No. EE/2011/282/312
Keywords: Employment Equality Acts - discriminatory treatment - race - conditions of employment - dismissal - prima facie case - failure to attend an oral hearing
1. Dispute and delegation
1.1 This dispute concerns a claim by Mr. Krastan Krastev & Mr. Kestutis Mikulskis (hereafter "the complainants") that they were discriminated against on the grounds of their race in relation to their working conditions and that Mr. Mikulskis was discriminatorily dismissed on grounds of race from his employment with Clodagh O' Dwyer McAnenly & Sean McAnenly trading as Grange Transport (hereafter "the respondent").
1.2 Mr. Krastev referred a claim of discrimination to the Director of the Equality Tribunal on 14 February 2011 and Mr. Mikulskis referred a claim of discrimination to the Director on 2 March 2011 under the Employment Equality Acts. On 24 June 2013, in accordance with his powers under section 75 of the Acts, the Director then delegated the cases 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 9 October 2013.
2. The hearing
2.1 Both parties were advised of the date of the hearing by ordinary and registered post. The complainants' solicitor was present on the day of the hearing but the complainants nor the respondent attended the hearing and the Tribunal has not been informed of any exceptional circumstances excusing their failure to attend. I am satisfied that section 85A clearly places an onus on the complainants 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 complainants' 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 complainants.
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Valerie Murtagh
Equality Officer
21 October 2013