The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2014-020
PARTIES
Voldemaras Rakauskas
(Represented by Richard Grogan & Associates
AND
O’Leary International Limited
(Represented by Peninsula Business Services (Ireland) Limited)
File reference: EE/2012/360
Date of issue: 31 March 2014
HEADNOTES: Employment Equality Acts – Failure to Attend - Unreasonable.
1. DISPUTE
1.1 This dispute concerns a claim by Voldemaras Rakauskas that he was discriminated against by O’Leary International Limited on the grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in relation to conditions of employment in terms of sections 8 of the Acts and that he was harassed in terms of section 14A of the Acts.
1.2 The complainant referred his claim to the Director of the Equality Tribunal on 4 July 2012 under the Employment Equality Acts. Submissions were received from both sides. Both parties were informed by letter sent registered post on 18 February 2014 that a hearing was scheduled for 28 March 2014. On 24 March 2014 the complainant’s representative sent an email stating “we were informed today that our client will not be attending as he is abroad”. As an adjournment had not been sought the Equality Tribunal asked the representative if the claim was withdrawn. The representative replied: “we are not withdrawing the case. However as our client is out of the country we will not be in attendance and therefore the case will have to be dismissed for want of prosecution.”
1.3 On 26 March 2014, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Hugh Lonsdale, 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 which date my investigation commenced. As no adjournment had been sought and the complaint had not been withdrawn I convened the hearing, as scheduled, on 28 March 2014. Neither the complainant nor his representative attended the hearing. The respondent did attend the hearing.
2. DECISION
In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The complainant’s representative was notified of the arrangements for the hearing in writing. I find that the complainants’ failure to attend such a hearing was unreasonable in the circumstances outlined above and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant.
____________________
Hugh Lonsdale
Equality Officer
31 March 2014