THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC – E2014-048
Haris Bartkevicius
versus
KD Roofing
File reference: EE/2012/339
Date of issue: 7th July 2014
Keywords: Employment Equality Acts, Discrimination, Race, Family Status, Age Dismissal, Conditions of Employment, Non-attendance, No prima facie case
Dispute
This dispute concerns a complaint by Haris Bartkevicius against KD Roofing. The complainant alleges that he was discriminated against on the grounds of race, age and family status contrary to the Employment Equality Acts 1998-2011 [hereinafter referred to as ‘the Acts’].
The complainant referred his complaint under the Acts to the Director of the Equality Tribunal on 21st June 2012. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 10th June 2014 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and a Hearing was held on 2nd July 2014 as required by Section 79 (1) of the Act.
The complainant was notified, by registered post on 21st May 2014, of the hearing at the address he gave to the Tribunal. The complainant did not attend the hearing. No reason was given and no adjournment was applied for.
Decision
In the light of the foregoing, and in accordance with Section 79(6) of the Act, 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 allegation of discrimination, I conclude the investigation and find against the complainant.
_______________
Orlaith Mannion
Equality Officer