EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2012-131
(represented by Geraghty & Co. Solicitors)
Irish Citylink Comfortdelgro Ltd.
(represented by MacSweeney & Co. Solicitors)
File reference: EE/2010/071
Date of issue: 19th October 2012
Keywords: Employment Equality Acts, Discrimination, Race, Dismissal, Non-attendance, No prima facie case
This dispute concerns a complaint by Daniel Adamson against Irish Citylink Comfortdelgro Ltd. The complainant alleges that he was discriminated against on the grounds of family status in relation to race contrary to the Employment Equality Acts 1998-2011 [hereinafter referred to as 'the Acts'].
The complainant referred his complaint under the Acts to the Director of the Equality Tribunal on 4th February 2010. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 10th August 2012 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and a Hearing was held on 5th September 2012 as required by Section 79 (1) of the Act.
The complainant's representative was notified, by registered post, of the hearing at the address he gave to the Tribunal. The complainant's solicitor informed me that he notified the complainant of the date of the hearing and the importance of attending. Despite this, the complainant did not attend the hearing.
In the light of the foregoing, and in accordance with Section 79(6) of the Act, 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.