THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
(represented by Richard Grogan and Associates)
G. Cullen Construction Ltd.
File reference: EE/2007/131
Date of issue: 17th June 2010
Keywords: Employment Equality Acts, Discrimination, Race, want of prosecution
This dispute concerns a complaint by Janis Jakobsonis against G. Cullen Construction Ltd. The complainant alleges that he was discriminated against by the respondent on the grounds of race in relation to access to employment and conditions of employment leading up to discriminatory dismissal contrary to the Employment Equality Acts 1998 - 2008 [hereinafter referred to as 'the Acts']. He also claims that he was harassed on the grounds of race as well as that a provision in a collective agreement gives rise to discrimination against him.
Through his legal representative, the complainant referred his complaint under the Acts to the Director of the Equality Tribunal on 20th March 2007. In accordance with her powers under Section 75 of the Act, the Director delegated the case on 16th November 2009 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. I proceeded to hold a Hearing on 15th June 2010 as required by Section 79 (1) of the Act.
Neither the complainant nor the respondent attended the Hearing. The complainant's representative attended and indicated her acceptance that her client's complaint would fail for want of prosecution. Her attempts to contact the complainant regarding the Hearing of this case were unsuccessful.
In the light of the foregoing, and in accordance with Section 79(6) of the Act, I issue the following decision:
As part of my investigation under Section 79 of the Act, I am obliged to hold a Hearing. I find that the complainant's 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 allegation of discrimination I conclude the investigation and find against the complainant.
17th June 2010