THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2012 - 108
Mr Adrian Szczpiotr
Speedway Construction Ireland Ltd (represented by J Hoban & Co. Solicitors)
File References: EE/2010/246
Date of Issue: 22nd August 2012
1.1. The case concerns a claim by Mr Adrian Szczpiotr that Speedway Construction Ireland Ltd discriminated against him on the ground of race contrary to Section 6(2)(g) of the Employment Equality Acts 1998 to 2008, in terms of training, conditions of employment and other discriminatory conduct.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 1 April 2010. A submission was received from the complainant on 29 September 2010. A submission was received from the respondent on 10 December 2010. On 29 May 2012, in accordance with his powers under S. 75 of the Acts, the Director delegated the case to me, Stephen Bonnlander, 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. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 22 August 2012.
1.3. Both parties were notified of this hearing date by registered post, and at the day of the hearing, the respondent was in attendance. The complainant had confirmed his attendance in writing, but failed to attend the hearing and did not contact the Tribunal in any way to explain his absence. I find that under the circumstances, the case fails for want of prosecution.
2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2011, 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.
22 August 2012