THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2011
ISS Ireland Limited
(represented by IBEC)
File Reference: EE/2009/104
Date of Issue: 3rd December 2013
Keywords: Employment Equality Acts 1998-2011, Section 6(1) - less favourable treatment, Section 6(2)(h) – Race, Section 8- conditions of employment, failure to attend hearing.
This dispute concerns a claim by a complainant that he was discriminated against by the above named respondent on the race grounds, in terms of Sections 6(1) and 6(2)(h) of the Employment Equality Acts 1998-2011, pursuant to section 8 in relation to his conditions of employment.
2.1 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on the 9th February 2009 alleging that the respondent discriminated against him contrary to the Acts. In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2011 the Director delegated the case on the 12th June, 2012 to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from the complainant on the 28th January 2010 and from the respondent on the 5th March 2010. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on the 27th November, 2013.
3. History of the Case
3.1 On the 9th of February 2009 the complainant’s representative referred a complaint on his behalf claiming discriminatory treatment on the race ground in relation to his conditions of employment. A hearing in the matter was set for the 6th of July 2012 and the matter was adjourned at the request of the complainant’s solicitor. The matter was relisted for 5th December 2012 and it was adjourned at the request of the respondent’s representative. The complainant’s solicitor then came off record as they no longer had instructions in the case. They provided the complainant’s address. The case was listed fore hearing on the 27th of November 2013 and the parties were notified of the details of the hearing by both registered and ordinary post on the 9th September 2013. The complainant was notified at his last known address and the registered post was returned undelivered. On the 27th of November I sat to hear the case and the complainant did not attend. The respondent and the representative attended
4. Conclusions of the Equality Officer
4.1 I am satisfied the complainant was notified by ordinary post at his last known address that a hearing in his case was scheduled for the 27th of November 2013. It is matter for the complainant to inform the Tribunal of any change of address. I find therefore, that the complainant's failure to attend the Tribunal hearing was unreasonable in the circumstances and I find against the complainant under Section 79 of the Acts.
5.1 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 obligations 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.
3rd December 2013