THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS
Decision DEC - E2011-157
(Represented by Richard Grogan & Associates Solicitors)
John Glennon & Edward Glennon
(Represented by Michael MacNamee BL instructed by DAS Group)
File reference: EE/2010/53
Date of issue:31 August 2011
Headnotes: Employment Equality Acts, 1998-2008 - sections 6 and 8 - race - conditions of employment - discriminatory dismissal - failure to attend hearing.
1.1 This dispute concerns a claim by Mr. Ivo Janmers (hereafter "the complainant") that he was subjected to discriminatory treatment on the ground of his race in terms of Section 6 (2) (h) of the Act and contrary to Sections 8 of the Employment Equality Acts by John Glennon and Edward Glennon (hereafter "the respondent").
1.2 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on 28 January 2010. The complainant maintained that the respondent discriminated against him in relation to his conditions of employment. He also maintained that he was discriminatorily dismissed. In accordance with his powers under the Acts the Director delegated the complaint to the undersigned - Deirdre Sweeney, Equality Officer, for investigation, decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 29 June 2011, the date the complaint was delegated to me. Submissions were received on behalf of the complainant and on behalf of the respondent. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on 27 July 2011.
1.3 On the morning of 27 July 2011 the complainant's representatives rang the Tribunal and left a message that, as the complainant had been hospitalised, he would not be attending the hearing. Neither the complainant nor his representatives subsequently attended for the hearing. I wrote to the complainant's representatives on 27 July 2011 stating that in order for me to consider the appropriateness of an adjournment it would be necessary to provide me within seven days, an application for an adjournment and appropriate certification from the hospital concerned regarding the hospitalisation of the complainant. No reply was received. I wrote again to the complainant's representatives on 19 August 2011 advising them that in the absence of a reply to my letter within seven days, I would proceed to issue, without any further notification, a decision on the basis of the complainant's failure to attend the hearing. On 24 August 2011, I received a letter from the complainant's representative informing me that he did not have any medical certificate. No application for an adjournment was made.
2. DECISION OF THE EQUALITY OFFICER
2.1 In accordance with Section 79(6) of the Employment Equality Acts 1998-2011, 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.
31 August, 2011