THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC – E2014-046
Rimants Varnecks
(represented by Sean Ormonde, Employment Matters)
versus
DAR Golf Construction Ltd
(represented by Fergus O’Regan, Regan Little Solicitors)
File reference: EE/2012/203
Date of issue: 19th June 2014
Keywords: Employment Equality Acts, Discrimination, Race, Dismissal, Conditions of Employment, Non-attendance, No prima facie case
Dispute
This dispute concerns a complaint by Rimants Varnecks against DAR Golf Construction Ltd. The complainant alleges that he was discriminated against on the grounds of race 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 29th March 2012. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 18th 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 18th June 2013 as required by Section 79 (1) of the Act.
The complainant’s representative was notified, by registered post on 12th May 2014, of the hearing at the address he gave to the Tribunal. The complainant’s solicitor informed me that he notified the complainant of the date of the hearing. I note that the complainant has returned to his native country – Latvia. However, I am satisfied that he had plenty of time to make whatever travel arrangements necessary. I also note that an adjournment was not applied for. The complainant did not attend the hearing.
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