The Equality Tribunal
3 Clonmel Street
Dublin 2.
Phone: 353 -1- 4774100
Fax: 353-1- 4774141
E-mail: info@equalitytribunal.ie
Website: www.equalitytribunal.ie
Employment Equality Acts
1998-2008
EQUALITY OFFICER'S DECISION
NO: DEC-E2010-213
PARTIES
Salenieks
(Represented by Richard Grogan and Associates)
- V -
Concrete Ergon Limited
File references: EE/2008/118
Date of issue: 8 November 2010
EE/2008/118 - DEC-E2010-213
Keywords
Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Race - Conditions of employment - Discriminatory dismissal - Prima facie case
1. Dispute
1.1. This dispute concerns a claim by Mr Ainars Salenieks (hereafter "the complainant") that he was subjected to discriminatory treatment contrary to the Employment Equality Acts by Concrete Ergon Limited (hereafter "the respondent") on the ground of his race. The complainant maintains that the respondent discriminated against him in relation to his conditions of employment and discriminatorily dismissed him on 13 December 2007.
1.2. The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 26 February 2008. The claim was made on the race ground. On 27 May 2010, in accordance with his 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 28 September 2010. The complainant did not attend the hearing. His solicitor informed the Tribunal that she had no instructions from her client.
2. Decision
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. I conclude the investigation and find against the complainant.
________________
Tara Coogan
Equality Officer
8 November 2010