EQUALITY OFFICER'S DECISION NO: DEC-E/2014/080
PARTIES
Mr. Alexsandro Batista
Vs
Dawn Farm Foods Limited
(Represented by Morrin & McConnell Solicitors)
FILE NO: EE/2012/354
Date of issue: 24th of November, 2014
1. Dispute
1.1 This dispute involves a claim by Mr. Alexsandro Batista that he was discriminated against by Dawn Farm Foods Limited on grounds of gender, age, disability and race in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts. There is also a claim of harassment on these grounds and of victimisation as well as a claim of failure to provide reasonable accommodation.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on the 27th of June, 2012 alleging that the respondent had discriminated against him on grounds of gender, age, disability and race in relation to getting a job, training, conditions of employment and other and in relation to a failure to provide him with reasonable accommodation. There is also a claim of harassment on these grounds and of victimisation.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 7th of October, 2014 to me, Orla Jones, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from both parties.
2.3 On the day of the hearing, the complainant was not in attendance.
3. Decision
3.1 In light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I am satisfied that the complainant received notification of the hearing arrangements. 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 find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
__________________
Orla Jones
Equality Officer
24th of November, 2014