EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2017-024
PARTIES
Marek Mozio
Complainant
AND
Occipital Limited
(Represented by IBEC)
Respondent
File reference: ET-157015-EE-15
Date of issue: 30 March 2017
1. Complaint:
This complaint concerns a claim of discrimination on the grounds of race. The complainant is an employee of the respondent, a limited company providing distribution services to a major supermarket retailer.
The complainant referred a claim on the 11th June 2015 pursuant to the Employment Equality Acts. On the 6th May 2016, in accordance with powers under section 75 of the Employment Equality Acts, the Director delegated the case to me, Kevin Baneham, 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. In accordance with Section 79(1) of the Employment Equality Acts and as part of my investigation, I proceeded to a hearing on the 9th May 2016. The complainant did not attend the hearing. The respondent was represented by IBEC and four witnesses attended on its behalf.
I indicated at the outset of the hearing that I had heard and decided a previous employment equality complaint between the same parties (DEC-E2016-010).
This decision is issued by me following the establishment of the Workplace Relations Commission on the 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to the 1st October 2015, in accordance with section 83(3) of the Workplace Relations Act, 2015.
2. Summary of the complainant’s case:
The complainant did not attend the hearing and did not offer any reasonable explanation for his failure to do so.
3. Summary of the respondent’s case:
The respondent attended the adjudication and was ready to meet the claim.
4. Findings and conclusions:
As the complainant did not attend the hearing and did not offer any reasonable explanation for his failure to do so, the complaint falls for want of prosecution.
5. Decision:
Section 77 of the Employment Equality Acts requires that I make a decision in relation to the complaint. As the complainant did not attend the hearing, the complaint falls for want of prosecution.
_______________________________
Kevin Baneham
Adjudication Officer / Equality Officer
30 March 2017