EQUALITY OFFICER'S DECISION NO: DEC-E/2013/124
PARTIES
Mr. Stephen Alexander
Vs
TP Whelehan Son & Co. Limited
(Represented by Lee & Sherlock Solicitors)
FILE NO: EE/2011/393
Date of issue: 30th of September, 2013
1. Dispute
1.1 This dispute involves a claim by Mr. Stephen Alexander that he was discriminated against by TP Whelehan Son & Co. Limited, on grounds of race, in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts, in relation to his dismissal and other. There is also a claim of Equal Pay with a named comparator and a claim of victimisation.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on the 14th of April, 2011 alleging that the respondent had discriminated against him on grounds of race when they terminated his employment by reason of redundancy and failed to afford him the same redundancy rate and conditions as his colleagues in Southern Ireland. In addition it is submitted that the complainant was victimised by the respondent.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 24th of May, 2013 to me, Orla Jones, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from both parties.
2.3 On the day of the hearing, the complainant was not in attendance.
3. Decision
3.1 In light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 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 am satisfied that the complainant received notification of the hearing arrangements. 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 find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
____________________
Orla Jones
Equality Officer
30th of September, 2013