FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2011 PARTIES : DAR GOLF CONSTRUCTION LTD (REPRESENTED BY REGAN LITTLE SOLICITORS) - AND - RIMANTS VARNECKS (REPRESENTED BY SEAN ORMONDE & CO SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal under Section 83 of the Employment Equality Acts, 1998 to 2011.
BACKGROUND:
2. The Worker appealed the decision of the Equality Officer to the Labour Court on the 3rd July, 2014. A Labour Court hearing took place on the 16th January, 2015. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Raimants Varnecks (the Complainant) against a decision of the Equality Officer reference number DEC-E2014-046. The Complainant alleged that he was discriminated against by DAR Golf Construction Ltd (the Respondent) on the race ground contrary to the Employment Acts 1998 – 2011 (the Act). The Equality Officer decided as follows: -
- Decision
In the light of the foregoing, and in accordance with Section 79(6) of the Act, I issue the following decision:
As part of my investigation under Section 79 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 79 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.
The case came on for hearing before the Court on 16 January 2015. The Complainant neither attended personally nor was represented at the hearing.
As no evidence was given at the hearing in support of the allegation of discrimination, the Court affirms the decision of the Equality Officer.
Determination
The Court affirms the decision of the Equality Officer. The appeal is rejected. The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
30th January, 2015______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.