FULL RECOMMENDATION
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011 PARTIES : COILLTE TEORANTA (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - JAMES CREGAN DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's Decision
BACKGROUND:
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 83(1) of the Employment Equality Act 1998 to 2015. A Labour Court hearing took place on 24th March, 2016. The following is the Determination of the Court:
DETERMINATION:
This matter came before the Court by way of an appeal lodged by Mr James Cregan (the Appellant) against a decision made by an Adjudication Officer in his complaint that he had been discriminated against on grounds of race by Coillte Teoranta (the Respondent).
The Adjudication Officer decided that the Appellant had failed to establish that he had a different ethnicity or ethnic origin due to his being a Catholic Irish Republican. The Adjudication Officer, in a decision dated 3rdJune 2016 decided that the Appellant had failed to establish a prima facie case of discrimination on grounds of race pursuant to Section 6(2) and contrary to Section 8 of the Employment Equality Act 1998 to 2015 (the Act). In addition the Adjudication Officer decided that the Appellant had failed to establish a prima facie case of victimisation contrary to Section 74(2) of the Act.
The Court scheduled the hearing of this matter on three occasions. On the first occasion the Appellant, with less than twenty four hours’ notice, sought an adjournment of the hearing and that was granted. On the second occasion the Appellant again sought an adjournment of the hearing with less than twenty four hours’ notice. The Court granted that second requested adjournment but advised both parties that the hearing would take place on 24thMarch 2016 and that no adjournment of that hearing would be granted for any reason.
Both the Appellant and the Respondent were properly notified of the date fixed by the Court for the hearing of this appeal.
The Court sat to hear the appeal as scheduled. The Respondent was present at the hearing but the Appellant failed to appear to prosecute his appeal. In the circumstances, therefore, the appeal fails for want of prosecution and the decision of the Adjudication Officer is affirmed.
The Court so determines.
Signed on behalf of the Labour Court
Kevin Foley
10th April 2017______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.