The Equality Tribunal
Employment Equality Acts 1998 to 2008
Gintaras Pabreza & Darius Vasiliauskas
(Represented by Richard Grogan and Associates, Solicitors)
- V -
Daragon Limited (in Liquidation)
File references: EE/2008/255 & 256
Date of issue: 28 March 2011
Keywords - Employment Equality Acts 1998 to 2008 - Equal Pay - Discriminatory Treatment - Discriminatory Dismissal - Race - Failure to Attend - Unreasonable
1.1 This dispute concerns a claim by each of the complainants that they were subjected to discriminatory treatment and discriminatory dismissal by the respondent on grounds of race, in terms of Section 6 and contrary to Section 8 of the Employment Equality Acts. The complainants also lodged claims for equal remuneration under Section 29 of the Acts.
1.2 The complainants referred their claims of discrimination to the Director of the Equality Tribunal on 21 April 2008 under the Employment Equality Acts. On 4 June 2010, in accordance with his powers under section 75 of the Acts, the Director delegated the case to Conor Stokes - 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. An initial hearing into the Equal Pay aspects of both claims was held on 9 December 2010 and written submissions were received as a result of that initial hearing on 11 January 2011. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 24 March 2011.
1.3 The complainants attended the initial hearing on aspects of the Equal Pay claim, the respondent did not. In accordance with the normal procedures of the Tribunal the parties were notified, as was the recently appointed Liquidator, in writing on 18 February 2011, where and when the hearing of the complaint would take place. Before the hearing took place, the Tribunal received correspondence from the appointed Liquidator to indicate that he would not be attending on behalf of the company. Shortly before the hearing, the Tribunal received a note from the complainants' representative indicating that the complainants would not be attending the hearing. The complainants' representative attended the hearing to indicate that he had no further instructions in the matter.
2.1 In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. Each of the complainants were notified of the arrangements for the hearing in writing, by recorded delivery, on 18 February 2011. 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 allegations of discrimination, I conclude the investigation and find against each of the complainants.
28 March 2011