EMPLOYMENT EQUALITY ACTS
Decision DEC - E2012 - 073
Mr Marcin Myslak
(represented by Richard Grogan & Associates)
MJ McGrath, Ltd.
File Reference: EE/2010/171
Date of Issue: 15th June, 2012
Headnotes: Employment Equality Acts, 1998 to 2008, section 6,8 - Training - Discriminatory Dismissal - Conditions of Employment- Equal Remuneration - Race - Failure to attend - Unreasonable in the circumstances
1.1. This case concerns a complaint by Mr. Marcin Myslak (hereinafter referred to as "the complainant") that he was discriminated against by MJ McGrath, Ltd. (hereinafter referred to as "the respondent") on the grounds of race contrary to section 6(2)(h) of the Employment Equality Acts (hereinafter referred to as "the Acts") and contrary to Sections 8(1)(b), 8(1)(c), 8(6)(c) in relation to (i) training, (ii) conditions of employment, (iii) dismissal and that he was entitled to equal remuneration with a named comparator in accordance with section 29 of the Acts.
2.1 The complainant referred a complaint under the Employment Equality Acts to the Director of the Equality Tribunal on 9th March, 2010 alleging that the respondent had discriminated against him on the ground of race.
2.2 On the 26th April, 2012, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Gary O'Doherty, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Employment Equality Acts, on which date my investigation commenced. A hearing of the complaint was held on 30th May, 2012.
3. Attendance at hearing
3.1. On 13th April, 2012, and in accordance with the normal procedures of the Tribunal, the parties were notified in writing, by registered post, of the date, time and location of the hearing that was scheduled to take place in relation to the matter, in accordance with Section 79(6) of the Acts. The case having been assigned to me on 26th April, 2012, I proceeded to open the hearing at the scheduled time and date of 10.30 a.m on Wednesday, 30th May, 2012.
3.2. The respondent was in attendance at the hearing. The complainant's representative was also in attendance at the hearing and informed the Tribunal that the complainant had made contact with her office to say that he would not be in attendance at the hearing. As I was satisfied that the complainant has been served with valid notification of the hearing, I noted the absence of the complainant and concluded the hearing.
4.1. In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision:
4.2. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The complainant was notified of the arrangements for the hearing in writing, by recorded delivery, on 13th April, 2012. 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.
15th June, 2012