THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011-026
Mr. Marcin Opozda
(represented by Nowak Polish Consultancy Enterprise)
Business 2 Print
File reference: EE/2007/181
Date of issue: 10 February 2011
1.1 This dispute involves a claim by Mr. Marcin Opozda that he was discriminated against by Business 2 Print, in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts, in relation to his conditions of employment and that he was dismissed from his job without proper procedure. The complainant also claims that he is entitled to the same rate of remuneration as that paid to a named comparator in accordance with the provisions of Section 19(1) of the Acts.
2.1 Mr. Opozda who is a Polish National, referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on the 4th of April 2007, alleging that the respondent had discriminated against him on grounds of race when he did not receive any proper contract of employment. It is also submitted that the complainant was dismissed from his job without proper procedure. In addition, the complainant submitted that only Polish Nationals were required to work night shifts and that other shifts were reserved for Irish Nationals
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 8th of July, 2010 to me, Orla Jones, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. A written submission was received on behalf of the complainant. A response to the EE 1 complaint form was received from the respondent. As required by Section 79(1) of the Acts and as part of my investigation I proceeded to a hearing on the 28th of January, 2011. A notification of the hearing date was sent to all parties by registered post.
2.3 On the day of the hearing, neither the complainant nor the respondent was in attendance. I contacted the Tribunal's administrative staff to see if either party had made contact with the Tribunal directly. I was informed that they had not. A member of the Tribunal's administrative staff then attempted to contact the complainant's representative by phone but was unsuccessful.
3.1 In 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 am satisfied that the complainant received notification of the hearing arrangements. 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 allegations of discrimination I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
10 February, 2011