FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2011 PARTIES : MCSWEENEY BUILDING & CIVIL ENGINEERING LTD. (REPRESENTED BY MCSWEENEY BUILDING & CIVIL ENGINEERING LTD.) - AND - VALERIJUS ZUBRICKAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal under Section 83 of The Employment Equality Acts, 1998 to 2011
BACKGROUND:
2. This is an appeal referred in accordance with Section 83 of the Employment Equality Acts 1998 to 2011. A Labour Court hearing took place on the 12th March 2014. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Mr Valerijus Zubrickas against the decision of an Equality Officer in a claim against his employer McSweeney Building & Civil Engineering Limited alleging discriminatory treatment in relation to conditions of employment and equal remuneration on the ground of race. The Equality Officer held that Mr Zubrickas had not established aprima faciecase of discriminatory treatment on grounds of race and dismissed his claims. Mr Zubrickas appealed the Decision to this Court.
Mr Zubrickas, through his Solicitor, Mr Richard Grogan & Associates, Solicitors was informed of the time and date on which the hearing would be held. On the day of the hearing Mr Grogan was present in Court, he informed the Court that his client had failed to turn up for the hearing. The Court notes that Mr Zubrickas did not communicate directly with the Court. The Respondent was present in Court on the day.
In these circumstances where the Complainant has failed to appear before the Court to move his appeal, the Court finds that the appeal fails for lack of prosecution and the Equality Officer’s Decision stands.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th March 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.