THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS
Decision DEC - E2012-041
(Represented by Kevin Tunney & Co. Solicitors)
Deepclean Hygiene Solutions Limited ( in Liquidation)
File reference: EE2009/653
Date of issue: 12 April 2012
Headnotes: Employment Equality Acts, 1998-2008 - sections 6 and 8 - race - family status -conditions of employment - harassment -victimisation-- failure to attend hearing.
1.1 This dispute concerns a claim by Mr. Francisco Batomalaque (hereinafter "the complainant") that he was discriminated against by Deepclean Hygiene Solutions Limited (hereinafter the respondent) on the grounds of race and family status contrary to Section 6 of the Employment Equality Acts in relation to conditions of employment in terms of Section 8, that he was harassed contrary to Section 14A and that he was victimised in accordance with Section 74 (2) of those Acts.
1.2 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on 1 September 2009. The complainant maintained that the respondent discriminated against him in relation to his conditions of employment. He also maintained that he was harassed and victimised. 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 12 March 2012, the date the complaint was delegated to me. Submissions were received on behalf of the complainant and on behalf of the respondent. In accordance with the normal procedures of the Tribunal the parties were notified in writing on 15 February 2012 that a Hearing on the complaint would take place on 11 April 2012 commencing at 10:30am. This notification was also sent by registered post to both parties on 12 March 2012. A letter was received on 9 March 2012 from the representatives of the liquidator of the respondent requesting a copy of all relevant correspondence. This was copied by the Tribunal to the complainant's representatives on 12 March 2012 and on the same date the Tribunal forwarded copies of all material received from the respondent and all correspondence previously issued/copied to the respondent to the representatives of the liquidator of the respondent. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on 11 April 2012. Neither party attended the Hearing. Neither the complainant nor his representatives attended. 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 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.
12 April 2012