EMPLOYMENT EQUALITY ACTS 1998-2011
Decision DEC - E2012 -127
Artur Pydo, Michal Rachelski and Jacek Ciechanski
(represented by Blazej Nowak)
(represented by Warren Parkes Solicitors)
File reference: EE/2010/256, EE/2010/257 and EE/2010/377
Date of issue: 28th September 2012
Keywords: Employment Equality Act, Discrimination, Race, Conditions of Employment, Training, Discriminatory Dismissal, Non-attendance
This dispute concerns a complaint by Jacek Ciechanski, Michal Rachelski and Artur Pydo against Glafy Ltd. The complainants, Polish Nationals, allege that they were discriminated against on the grounds of race in relation to his conditions of employment contrary to the Employment Equality Acts 1998-2011 [hereinafter referred to as 'the Acts'].
The complainants referred their complaints under the Acts to the Director of the Equality Tribunal on 1st April 2010 and 17th May (in relation to Jacek Ciechanski). In accordance with his powers under Section 75 of the Act, the Director delegated the case on 10th September 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 19th September 2012 as required by Section 79 (1) of the Act.
The complainants' representative was notified, by registered post, of the hearing. Mr Nowak himself signed for the registered letter. However, neither he nor the complainants attended 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 complainants' 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 complainants.