Decision No: DEC-E/2014/027
Parties
Szymczak
-v-
Bergin t/a Grass Cutting Services
(Represented by Arthur McLean – Solicitors)
File No: EE/2012/530
Date of issue: 10 April, 2014
Headnotes: Employment Equality Acts 1998- 2011 – sections 6, 8 and 79 –discriminatory treatment – non-attendance at Hearing – prima facie case
1. BACKGROUND
1.1 The complainant (Mr.Arkiadiusz Szymczak) referred a complaint under the Employment Equality Acts, 1998-2011 to the Equality Tribunal on 8 October, 2012 alleging that the respondent had discriminated against him on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 -2011 and contrary to section 8 of those Acts, in respect of his conditions of employment. In accordance with his powers under the Employment Equality Acts, 1998-2011 the Director delegated the complaint to the undersigned - Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 12 March, 2014, the date it was delegated to me.
1.2 Both parties filed submissions with the Tribunal in respect of the complaint. At the time these submissions were filed both parties were legally represented. The Tribunal was informed (by letter dated 25 February, 2014) from the firm of solicitors on record for the complainant that it was no longer representing him in the matter. It provided postal details for the complainant and suggested that the Tribunal contact him at that address advising of the Hearing arrangements. In accordance with the normal procedures of the Tribunal it wrote to the complainant (on 28 February, 2014) at the address provided advising that a Hearing on the complaint would take place at the Tribunal’s building on Earlsfort Terrace, Dublin on 9 April, 2014, commencing at 2:30pm. This notification was sent by registered post and I am satisfied it was received by the complainant. The complainant did not attend the Hearing.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with section 79(6) of the Employment Equality Acts, 1998-2011 I issue the following Decision. Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the complainant was on notice of the Hearing arrangements and failed to attend, without explanation. I therefore find that the complainant's failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegations of unlawful treatment in terms of the Acts I conclude the investigation and find against the complainant.
_____________________________________
Vivian Jackson
Equality Officer
10 April, 2014
DEC-E2014-027