The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2013-172
(Represented by Kellor Services Ireland Ltd.)
( Represented by Malone Hegarty Solicitors)
File reference: EE/2011/625
Date of issue: 5 December 2013
1.1 This dispute concerns a claim by Mr Moshuir Rahman that he was discriminated against by Munster Joinery on grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in relation to harassment under section 14A of the Acts.
1.2 The complainant referred a claim to the Director of the Equality Tribunal on 2 September 2011. On 27 September 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 15 October 2013.
2. FINDINGS & CONCLUSIONS OF THE EQUALITY OFFICER
2.1 On 30 August 2013, the Tribunal notified both parties by registered and ordinary post that a hearing of the case would take place on 15 October 2013 at the Gresham hotel, Cork. 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 15 October 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