DEC-E2011-094-Full Case Report

The Equality Tribunal

Employment Equality Acts 1998 to 2008

Decision DEC-E2011-094

PARTIES

Darius Pozingis
(Represented by Richard Grogan and Associates, Solicitors)

- V -

Westside Formwork Limited
(Represented by Francis Brophy)

File references: EE/2008/860
Date of issue: 11 May 2011

Keywords - Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Discriminatory Dismissal - Race - Failure to Attend - Unreasonable

1. BACKGROUND

1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment and discriminatory dismissal by the respondent on grounds of race, in terms of Section 6 and contrary to Section 8 of the Employment Equality Acts

1.2 The complainants referred their claims of discrimination to the Director of the Equality Tribunal on 12 December 2008 under the Employment Equality Acts. On 25 March 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to Conor Stokes - 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. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 1 April 2011. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.

1.3 The respondent attended the hearing, the complainant did not. At the hearing, the complainants' representative indicated that the complainant had indicated that he would attend the hearing. In the complainants absence, Mr Grogan indicated that he had no further instructions in the matter.

2. DECISION

2.1 In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing. I find that the complainants' 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 allegations of discrimination, I conclude the investigation and find against the complainant.

Conor Stokes
Equality Officer
11 May 2011