Decision No: DEC-E/2014/042
Noonan Services Group Ltd.
(Represented by Management Support Services (Ireland) Ltd.
File No: EE/2012/235
Date of issue: 12 June, 2014
Headnotes: Employment Equality Acts 1998- 2011 – sections 6,8 and 79- discriminatory treatment – race- non attendance at Hearing – prima facie case
1.1 The complainant (Mr. Robert Imgrat) referred a complaint under the Employment Equality Acts, 1998 -2008 to the Equality Tribunal on 20 April, 2012 alleging that the respondent had discriminated against him on grounds of race, in terms of section 6(2) of the Employment Equality Acts, 1998 -2011, contrary to section 8 of those Acts, in respect of access to employment and promotion. In accordance with his powers under the Employment Equality Acts, 1998-2011 the Director delegated the complaint to the undersigned - Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 5 June, 2014, the date it was delegated to me.
1.2 In accordance with the normal procedures of the Tribunal the parties were notified in writing on 12 May, 2014 that a Hearing on the complaint would take place at Earlsfort House, Hatch Street, Dublin on 11 June, 2014 commencing at 2:30pm. This notification was sent by registered post. I am satisfied that the complainant received this notification on 13 May, 2014. The complainant failed to attend the Hearing. He made no attempt to contact the Tribunal at any stage after the letter of notification issued.
2. DECISION OF THE EQUALITY OFFICER.
In accordance with section 79(6) of the Employment Equality Acts, 1998-2011 I issue the following decision. Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the complainant was on notice of the Hearing arrangements and failed to attend, without explanation. I therefore find that the complainant's failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegations of unlawful treatment in terms of the Acts I conclude the investigation and find against the complainant.
12 June, 2014