EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2016-035
PARTIES
Brettislav Dolezal
AND
AES Ireland Limited
(Represented by IBEC)
File reference: EE/2012/401
Date of issue: 23 February 2016
HEADNOTES: Employment Equality Acts – Failure to Attend - Unreasonable.
1. DISPUTE
1.1 This dispute concerns a claim by Brettislav Dolezal that he was discriminated against by AES Ireland Limited the grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in that he performs “like work”, in terms of section 7 of the Employment Equality Acts with named comparators and is entitled to equal remuneration in accordance with section 29 of the Acts.
1.2 The complainant referred his claim to the Director of the Equality Tribunal on 26 July 2012 under the Employment Equality Acts. At the same time a colleague made a similar claim to the Equality Tribunal. Submissions were received from both sides. The parties were informed by letter sent registered post on 15 January 2015 that a hearing was scheduled for 4 March 2015, in relation to both claims. The registered letter to Mr Dolezal was returned on 26 January 2015 as ‘not called for’. On the same day he was sent a copy of the hearing letter by email but no reply was received
1.3 On 15 January 2015, 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. I proceeded to the hearing of the two claims, as scheduled, on 4 March 2015. The complainant did not attend the hearing. However, the other complainant did attend the hearing and stated that Mr Dolezal was aware of the hearing but had decided not to attend. The respondent attended the hearing.
2. DECISION
2.1 In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The original notification letter was returned but I am satisfied that the complainant was aware of the hearing.
2.2 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
23 February 2016