EQUALITY OFFICER'S DECISION NO: DEC-E/2015/001
PARTIES
Mr. Syed Hashmi
Vs
Supermacs Ireland Ltd
(Represented by IBEC)
FILE NO: EE/2012/157
Date of issue: 19th of January, 2015
1. Dispute
1.1 This dispute involves a claim by Mr. Syed Hashmithat he was discriminated against by Supermacs Ireland Ltd, on grounds of race, in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts.
2. Background
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on the 12th of March, 2012 alleging that the respondent had discriminated against him on grounds of race in relation to his dismissal. He has also submitted claims of harassment and victimisation.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 15th of September, 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
19th of January, 2014