Employment Equality Acts
Tomasz Brzyski and Dominik Hulak
(Represented by Richard Grogan & Associates)
- V -
Gypmac Construction Ltd.
File references: EE/2010/077 - 078
Date of issue: 27 June 2012
Keywords - Employment Equality Acts - Discriminatory Treatment - Race - Gender - Failure to Attend - Unreasonable
1.1 This dispute concerns a claim by the complainants that they were subjected to discriminatory treatment by the respondent on grounds of race, in terms of Section 6 and contrary to Section 8 of the Employment Equality Acts
1.2 The complainants referred each of their claims of discrimination to the Director of the Equality Tribunal on 8 February 2010 under the Employment Equality Acts. On 7 June, 2012, in accordance with his powers under section 75 of the Acts, the Director delegated the cases to Conor Stokes - 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 which date my investigation commenced. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 27 June 2012. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.
1.3 The date of the hearing was notified to the parties by post.
1.4 The complainant's representative and the respondent attended the hearing of this matter, however, none of the complainants attended.
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 Acts, I am obliged to hold a hearing. I am satisfied that the complainants were notified of the arrangements for the hearing. I find that their 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 allegations of discrimination, I conclude the investigation and find against each of the complainants.
27 June 2012