The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2013-170
(Represented by Richard Grogan and Associates.)
Cillmhantain Iompair Teoranta
(Represented by Sherry McCaffery Solicitors.)
File reference: EE/2011/776
Date of issue: 5 December 2013
1.1 This dispute concerns a claim Wojciech Kaminski that he was discriminated against by Cillmhantain Iompair Teorantaon on grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in relation to conditions of employment, dismissal, harassment and sexual harassment.
1.2 The complainant referred a claim, through his legal representative, to the Director of the Equality Tribunal on 27 April 2012. On 2 May 2013, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Peter Healy, 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. Submissions were received from both parties. In accordance with Section 79 (1) of the Acts and as part of my investigation I proceeded to a hearing on 31 May 2013.
2. FINDINGS & CONCLUSIONS OF THE EQUALITY OFFICER
2.1 On 19 March 2013, the Tribunal notified both parties by registered and ordinary post that a hearing of the case would take place on 31 May 2013 at the Public Appointment service offices, Dublin I sat to hear the case as notified. The respondent attended the hearing as scheduled but the complainant did not attend.
3. Conclusions of the Equality Officer
3.1 I am satisfied that the complainant was on notice that a hearing of his case was scheduled for the 31 May 2013 .
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.
5 December 2013