The Equality Tribunal
EQUAL STATUS ACTS
DECISION NO. –DEC-S2014-019
PARTIES
Bartlomiej Markowski and Barbara Markowski
AND
Tesco, Oranmore
( Represented by Berwick Solicitors)
File reference: ES/2012/0132 and ES/2012/126
Date of issue: 21 November 2014
1. DISPUTE
Keywords
Equal Status Acts 2000 to 2011 –failure to attend
1 1 Delegation under the Equal Status Acts 2000 to 2004
1.1 The complainants (Bartlomiej Markowski and Barbara Markowski) referred their claims to the Director of the Equality Tribunal under the Equal Status Acts on 13 September 2012. In accordance with his powers under Section 75 of the Employment Equality Act, 1998 and under the Equal Status Acts, 2000-2013, the Director then delegated the case to me, Peter Healy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under part III of the Equal Status Acts. The investigation, under section 25, commenced on 10 November 2014.
2 Dispute
2.1 The dispute concerns claims by the complainant that he was discriminated against by the above named respondents on the race ground, gender ground and family status ground in terms of Section 3(2) , when victimised under sections 2(j) by the respondent with their refusal to allow the complainant to access their local branch. The complainants also claim that the respondent failed to offer them reasonable accommodation. The respondent was notified of the complaints in accordance with the provisions of the Acts.
2. FINDINGS & CONCLUSIONS OF THE EQUALITY OFFICER
2.1 On 10 October 2014, the Tribunal notified both parties by registered and ordinary post that a hearing of the case would take place on 13 November 2014 at the Harbour Hotel, Galway. I sat to hear the case as notified. The respondent attended the hearing as scheduled but the complainants did not attend.
3. Conclusions of the Equality Officer
3.1 I am satisfied that the complainants were on notice that a hearing of their case was scheduled for 13 November 2014.
4. Decision
In the light of the foregoing, and in accordance with Section 25 of the Act, I issue the following decision:
As part of my investigation under Section 25 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 25 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.
_______________________
Peter Healy
Equality Officer
21 November 2014