THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC – E2014 – 047
PARTIES
Mr Emmanuel Ibidokun
and
Veolia Environnement Industries Services Branch (Ireland) Ltd
(represented by IBEC)
File Reference: EE/2012/009
Date of Issue: 30th June 2014
1. Claim
1.1. The case concerns a claim by Mr Emmanuel Ibidokun that Veolia Environnement Industries Services Branch (Ireland) Ltd discriminated against him on the ground of race contrary to Section 6(2)(h) of the Employment Equality Acts 1998 to 2011, in terms of dismissing him for discriminatory reasons.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2011 to the Director of the Equality Tribunal on 22 December 2011. A submission was received from the complainant on 25 September 2012. A submission was received from the respondent on 30 October 2012. On 9 April 2014, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. On this date my investigation commenced. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 27 June 2014.
1.3. On the morning of the hearing, the respondent and their representative were in attendance. The complainant was not present. I adjourned the hearing for ten minutes to allow for unexpected delays on the part of the complainant. The complainant still did not appear, and made no contact with the Tribunal to explain his absence. A search done on the An Post online tracking service confirmed that the registered letter which advised him of the hearing of the complaint had been delivered on 16 April 2014.
2. Decision
2.1. In the lightof the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision on the complainant’s complaint of discriminatory dismissal. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing into the matter. 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 discriminatory dismissal I conclude the investigation of this complaint and find against the complainant.
______________________
Stephen Bonnlander
Equality Officer
30 June 2014
Decision: DEC-E2014-047