EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2012 - 076
Mr Edidijus Kavalauskas
(represented by Richard Grogan & Associates)
Directional Drilling (NI) Ltd
File Reference: EE/2010/126
Date of Issue:19 June, 2012
1.1. This case concerns a complaint by Mr. Kavalauskas (hereinafter referred to as "the complainant") that he was discriminated against by Directional Drilling (NI) 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) other.
2.1 The complainant referred a complaint under the Employment Equality Acts to the Director of the Equality Tribunal on 24th Feburary, 2010 alleging that the respondent had discriminated against him on the ground of race. On the 4th May, 2012, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Elaine Cassidy, 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.
3. Attendance at hearing
3.1. On 20th 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.
3.2. The respondent did not attend the hearing. The respondent's legal representative wrote to the Tribunal to advise that their client had been wound up as a company in 2011 and would be coming off record.
3.3. An adjournment request was received from the complainant on 8th June 2012, stating he was out of the country. No further details were provided. The adjournment request was not granted. The hearing was opened at the scheduled time and date of 10.30 a.m on Wednesday, 13th June, 2012. The complainant's legal representative was in attendance, but the complainant was not. 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 20th 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.
19th June, 2012