EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-S2017- 033
PARTIES
Sebastian Balatescu
Vs
Kennedy Security Limited
File reference: Et-151434-es-14
Date of issue: 26th of September, 2017
1. Dispute
1.1 This dispute involves claims by the complainant that that he was discriminated against by the respondent, on grounds of race when he was verbally abused by a Security Guard while shopping in Kildare Village. There is also a claim of harassment and victimisation.
2. Background
2.1 The complainant, referred a complaint under the Equal Status Acts, 2000-2015 to the Equality Tribunal on the 8th of December, 2014. It is alleged that the complainant along with a friend was shopping in Kildare Village when they were approached by a Security Guard who told them that “they were there to steal” and asked “what is wrong with Romanians stealing all the time”. The complainant submits that this amounts to discrimination, harassment and victimisation on the ground of race.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2015 and under the Equal Status Acts, 2000-2015, the Director delegated the case on the 9th of June, 2017 to me Orla Jones, an Adjudication/Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under III of the Equal Status Acts, 2000-2015. Written submissions were received from both parties. As required by Section 25(1) and as part of my investigation, I proceeded to a Hearing on the 22nd of September, 2017.
2.3 On the day of the hearing, the complainant was not in attendance.
2.4 This decision is issued by me 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.
3. Decision
3.1 As part of my investigation under Section 25 of the Act, I am obliged to hold a hearing. I am satisfied that the complainant was notified 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 25 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, harassment and victimisation I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
3.2 In light of the foregoing, I issue the following decision. I have investigated the above complaint and make the following decision. I find that
The complainant has failed to establish a prima facie case of discrimination on grounds of race in relation to this matter.
The complainant has failed to establish a prima facie case of harassment on grounds of race in relation to this matter.
The complainant has failed to establish a prima facie case of victimisation in relation to this matter.
__________________
Orla Jones
Adjudication Officer/Equality Officer
26th of September, 2017