THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
(represented by Richard Grogan and Associates)
Admore Structures Ltd.
File reference: EE/2009/072
Date of issue: 14th April 2011
Keywords: Employment Equality Acts, Discrimination, want of prosecution
1.1 This dispute concerns a complaint by Nerijus Kanisaskas against Admore Structures Ltd. The complainant alleges that he was discriminated against by the respondent on the grounds of race in relation to promotion, training 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.
1.2 Through his legal representative, the complainant referred his complaint under the Acts to the Director of the Equality Tribunal on 2nd February 2009. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 25th March 2011 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's representative and I proceeded to hold a Hearing on 6th April 2011 as required by Section 79 (1) of the Act.
1.3 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. When she rang him to enquire where he was on the day of the Hearing he told her that he had forgotten about it.
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.