Employment Equality Acts
EQUALITY OFFICER'S DECISION
(Represented by Richard Grogan and Associates)
- V -
Moathland Enterprises Ltd.
File references: EE/2007/584
Date of issue: 08 June 2010
Employment equality Acts 1998-2008 - Discriminatory Treatment - Harassment - Race - Condition of employment - Prima facie case
1.1. The dispute concerns a claim by Mr. Arnoldas Aminovas (hereafter "the complainant") that he was subjected to discriminatory treatment and harassment contrary to the Employment Equality Acts by Moathland Enterprises Ltd (hereafter "the respondent") on the grounds of his race. The complainant maintains that the respondent discriminated against him in relation to his conditions of work and that he was harassed contrary to the acts.
1.2. The complainants referred their claims of discrimination to the Director of the Equality Tribunal on 12 November 2007 under the Employment Equality Acts. This claim was made on the race ground. On 27 November 2009, in accordance with her powers under section 75 of the Acts, the Director then delegated these cases to Tara Coogan- 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 hearing on 4 June 2010. Both parties were advised of the date of the hearing by registered post on 22 February 2010.
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Acts, I issue the following decision. I find that the complainant's failure to attend a hearing was unreasonable in the circumstances of this case and that any obligation under Section 79 has ceased. As no oral evidence was given in support of the allegation of discrimination I conclude the investigation and find against the complainant.
08 June 2010