Mr Dariusz Lubianka (represented by Richard Grogan and Associates, Solicitors)
Portella Developments Ltd
File References: EE/2010/300
Date of Issue: 20th June 2012
1.1. The case concerns a claim by Mr Dariusz Lubianka that Portella Developments Ltd discriminated against him on the ground of race contrary to Section 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of provision of training and conditions of employment.
1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 21 April 2010. A submission was received from the complainant on 12 November 2010. A submission was received from the respondent on 6 January 2011. 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 20 June 2012.
1.3. Both parties were notified of this hearing date by registered post, and at the day of the hearing, the respondent, as well as the complainant's representative were in attendance. However, the complainant himself failed to attend and could not be contacted by his representative. His representative accepted that under the circumstances, the case would fail 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.
20 June 2012