THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2010 -183
(represented by Richard Grogan and Associates Solicitors)
A&A Platinum Security Ltd (trading as Irish Professional Door Security Ltd) and Amarone Professional Security Ltd
File reference: EE/2007/388
Date of issue: 21st September 2010
Keywords: Employment Equality Act, Discrimination, Race, Conditions of Employment, No prima facie case
1.1 This dispute concerns a complaint by Marcin Walichnoski, a Polish national against A&A Platinum Security Ltd (trading as Irish Professional Door Security Ltd) and Amarone Professional Security Ltd. From the complainant's submission, I understand that Mr Walichoski was employed from 10th November 2006 until 3rd March 2007 with A&A Platinum Security Ltd. On 4th March 2007, there was a transfer of undertakings to Amarone Professional Security Ltd. He worked for the second respondent until 20th May 2007. Both respondents employed the complainant as a door attendant. The complainant alleges that during his period of employment he was discriminated against on the grounds of race in relation to access to employment, training and her conditions of employment leading to dismissal contrary to the Employment Equality Acts 1998-2008 [hereinafter referred to as 'the Acts']. He also claims harassment within the meaning of Section 14A of the Acts and that a provision of a collective agreement is discriminatory. Equal pay was also claimed but as no comparator was named, this is not a valid equal pay claim.
1.2 Through his legal representative, the complainant referred his complaint under the Act to the Director of the Equality Tribunal on 27th July 2007. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 31st August 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. A submission was received from the complainant and a Hearing was held on 1st September 2010 as required by Section 79 (1) of the Acts.
2. Conclusions of the Equality Officer
Non-attendance of the complainant
2.1 The parties were notified of the date of the hearing, by registered post, on 14th July 2010. I am satisfied that all reasonable efforts have been made to inform the complainant of the hearing as the complainant's representative attended the hearing. However, he did not attend the hearing. 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 failure of Marcin Walchinowski 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 in relation to this complainant, I conclude the investigation of his complaints and find against the complainant.
21st September 2010