THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC – E2009- 071
Mr. Janis Millers
(represented by Richard Grogan & Associates)
Erneside Construction Ltd.
(represented by Morgan McManus, Solicitors)
File Reference: EE/2006/495
Date of Issue: 2nd September 2009
1.1 Mr. Millers claimed that he had been discriminated against on the race ground in relation to access to employment, training, conditions of employment and pay. He also made a claim in relation to a collective agreement and claimed discriminatory dismissal
2.1 Mr. Millers referred his claim to the Director of the Equality Tribunal under the Employment Equality Acts 1998-2004 on 21st December 2006. In accordance with her powers under section 75 of the Act, the Director delegated the case to me, Bernadette Treanor, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Act. The case was delegated on 23rd March 2009 and my investigation began on that date.
2.2 A hearing of the claim was scheduled to take place on 2nd June 2009 at 10:30am. The representative for the complainant on record at that time was PC Moore & Co. Solicitors and both they and the respondent representative were informed of the hearing by letter dated 8th April 2009.
2.3 No response was received from either representative. The complainant had lodged a submission on the matter prior to the case being assigned.
2.4 On the morning of 2nd June 2009 a new representative for the complainant, Richard Grogan & Associates, contacted the Tribunal and asked if the adjournment requested by the respondent representative had been granted. As no such adjournment had been received by me at that time I indicated that no adjournment had been granted. It became clear that the new representative for the complainant had not been aware that the hearing of the case had been scheduled. I indicated that, given the situation, I was prepared to temporarily delay the start of the hearing to facilitate the representative in procuring the attendance of the complainant and this was accepted by the representative.
2.5 By 11:30 the complainant had still not arrived and I concluded at that point that the complainant was not going to attend the Tribunal.
2.6 At 11:55am on 2nd June 2009, a request for an adjournment from the respondent's representative was passed to me. It detailed the circumstances surrounding the request and indicated that it had been copied to the complainant's representative.
3 Conclusions of the Equality Officer
3.1 I am satisfied that the representatives on record were notified of the arrangements for the hearing. Parties have a responsibility to ensure that the Tribunal is updated when changes in representation occur.
3.2 As the complainant failed to attend the hearing he has not presented any evidence in support of his allegations of discrimination. Therefore he has failed to establish a prima facie case of discrimination.
4.1 Having investigated the above complaint I hereby make the following decision in accordance with Section 79(6) of the Acts. As the complainant has failed to establish a prima facie case of discrimination his claim fails.
2nd September 2009