DECISION NO: DEC-E/2013/173
Mr. Dawid Stachowski
Portmarnock Sport & Leisure Club
(Represented by Athrú Solutions)
FILE NO: EE/2011/522
Date of issue: 5th of December, 2013
1.1 This dispute involves a claim by Mr. Dawid Stachowski that he was discriminated against by Portmarnock Sport & Leisure Club, on grounds of race, in terms of section 6 of the Employment Equality Acts, 1998 to 2008 and contrary to section 8 of those Acts, in relation to his conditions of employment and harassment. There is also a complaint of victimisation.
2.1 The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Equality Tribunal on the 1st of July, 2011 alleging that the respondent had discriminated against him on grounds of race, in relation to his conditions of employment. In addition it is submitted that the complainant was harassed on grounds of race and victimised by the respondent.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on 12th of September, 2013 to me, Orla Jones, 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 both parties.
2.3 On the day of the hearing, the complainant was not in attendance.
3.1 In light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I am satisfied that the complainant received notification of the hearing arrangements. 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 allegations of discrimination I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
5th of December, 2013