THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011 - 106
Mr. Petru Munteanu & Mr. Octavian Grigoriev
(represented by Richard Grogan & Associates, Solicitors)
Smith Dry Lining Limited
File Reference: EE/2008/784 & EE/2008/827
Date of Issue: 3rd June 2011
1.1 These cases concern claims by Mr. Petru Munteanu and Mr. Octavian Grigoriev that they were discriminated against by the respondent on the grounds of race contrary to Section 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of discriminatory treatment and discriminatory dismissal.
1.2 The complainants referred the complaints under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on the 18th November 2008 and the 27th November 2008 respectively. On the 23rd May 2011, in accordance with his powers under Section 75 of the Acts, the Director delegated the case to me, James Kelly, 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 this date my investigation commenced.
1.3 As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to a hearing on the 3rd June 2011. The complainants' solicitor sought an adjournment of the hearing on the basis that it had no record of receiving the notification of the hearing. As is the practice of the Equality Tribunal both parties were sent notification of the hearing detail by registered post. I am satisfied that the notification was sent by registered post to the address provided by the complainants on the 24th January 2011 and that post was signed for as received on the 25th January 2011.
1.4 On the day of the hearing neither part were in attendance. I started the hearing at 10:30am as scheduled and adjourned the hearing for 20 minutes to allow for the complainant's late arrival. However, the complainants did not present themselves within that time.
2.1 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 find that the complainants' 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 complainants.
3rd June 2011