The Equality Tribunal
3 Clonmel Street
Phone: 353 -1- 4774100
Fax: 353-1- 4774141
Employment Equality Acts 2000 to 2008
EQUALITY OFFICER'S DECISION
Economy Property Management
(Represented by Peninsula Business Services Ireland Ltd)
File No. EE/2009/303
Date of Issue: 22 June 2011
Employment Equality Acts -Discriminatory treatment - Conditions of employment - Training Discriminatory Dismissal - Race - Prima Facie Case
1. Dispute and delegation
1.1 This dispute concerns a claim by Mr. Andrej Gorniakov (hereafter "the complainant") that he was subjected to discriminatory treatment and discriminatory dismissal by Economy Property Management Limited (hereafter "the respondent") on the grounds of his race. The complainant submitted that the first date of discriminatory act was on 7 March 2006 and that he was discriminatorily dismissed on 22 March 2009.
1.2 The complainant referred a claim of discrimination to the Director of the Equality Tribunal on 12 May 2009 under the Employment Equality Acts. On 2 June 2011, in accordance with his powers under section 75 of the Acts, the Director then delegated the case to Tara Coogan- 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 which date my investigation commenced. As required by Section 79(1) and as part of my investigation, I proceeded to hearing on 8 June 2011. Parties were informed of the hearing by registered letter on 23 March 2011. A further ordinary letter containing information about the hearing was sent to the complainant's last known address on 25 May 2011.
1.3. The complainant did not attend the hearing on 8 June 2011. His legal representative informed that Tribunal that he would be coming off record in mid-May 2011 as he had failed to contact his client for over a year.
1.4. The respondent's representative appeared at the hearing and formally requested that an award be made under section 99A in favour of the respondent.
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Acts, I issue the following decision:
2.2. I find that the complainant's failure to attend a hearing was unreasonable in the circumstances of this case and that any obligation under Section 79 of the Acts has ceased. As no admissible evidence was given in support of the allegation of discrimination and/or discriminatory dismissal I conclude the investigation and find against the complainant.
2.3. I accept that the complainant has impeded the investigation in the above circumstances and award the respondent the costs accrued by the respondent company staff in collating the various documents required for a defense. The cost of this is €480.00. Therefore, I order the complainant to pay the respondent €480.00 in accordance with section 99A.