Employment Equality Acts
EQUALITY OFFICER'S DECISION
(Represented by Richard Grogan and Associates)
- V -
G & S Magic Limited
File references: EE/2007/069
Date of issue: 13 September 2010
Employment equality Acts 1998-2008 - Discriminatory Treatment - Access to employment - Condition of employment - Pay - Discriminatory dismissal - Harassment - Prima facie case
1.1. This dispute concerns a claim by Mr. Vitalij Kozicka (hereafter "the complainant") that he was subjected to discriminatory treatment including dismissal and harassment contrary to the Employment Equality Acts by G & S Magic 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, harassed him contrary to the Acts and discriminatorily dismissed him on 24 October 2006.
1.2. The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 06 February 2007 under the Employment Equality Acts. This claim was made on the race ground. On 3 August 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 25 August 2010. Both parties were advised of the date of the hearing by registered post on 14 July 2010. A fax was received on 23 August 2010 stating that the complainant was on holidays until 27 August 2010. The complainant requested an adjournment. The adjournment request, on such short notice, was declined. The complainant did not attend the hearing.
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.
13 September 2010