EQUALITY OFFICER'S DECISION NO: DEC-E/2010/201
MR. SERGUIS PLONKINS
(REPRESENTED BY RICHARD GROGAN AND ASSOCIATES-SOLICITORS)
PETER O'BRIEN & SONS LANDSCAPING LIMITED
(REPRESENTED BY CARLEY AND CONNELLAN - SOLICITORS)
1.1. The case concerns a claim by Mr Karolis Skrickis that Nature's Best Limited discriminated against him on the ground of race contrary to section 6(2)(h), section 8 and section 14A of the Employment Equality Acts 1998 to 2008, in terms of access to employment, conditions of employment, discriminatory dismissal and harassment.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 28 February 2007. A submission was received from the complainant on 3 November 2008. A submission was received from the respondent on 16 December 2008. On 4 August 2010 the Equality Tribunal wrote to the representatives for the complainant and the respondent fixing 15 October 2010 as the date for a joint hearing of the case. On 12 October 2010 I, Niall McCutcheon, Director of the Equality Tribunal took responsibility for investigation, hearing and decision of this claim and for the exercise of all my other powers and functions under the Employment Equality Acts. On this date my investigation commenced. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 15 October 2010. The complainant did not attend the hearing. The complainant's representative was present and accepted that, under the circumstances, his client's case would fail for want of prosecution.
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, 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.
19 October 2010.