The Equality Tribunal
EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2015-040
G4S Secure Solutions (Ire) Limited
File reference: EE/2013/114
Date of issue: 2 July 2015
HEADNOTES: Employment Equality Acts – Failure to Attend - Unreasonable.
1.1 This dispute concerns a claim by Makhosi Ngwenya that he was discriminated against by G4S Secure Solutions ( Ireland) Limited on the grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in that he was harassed in terms of section 14A of the Acts and that he was victimised in accordance with section 74 (2) of the Acts.
1.2 The complainant referred his claim to the Director of the Equality Tribunal on 28 February 2013 under the Employment Equality Acts. On 16th June, 2015, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Niamh O’Carroll Kelly, 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 sides. Both parties were informed by letter sent registered post on 18 May 2015 that a hearing was scheduled for 23rd June, 2015. The complainant did not attend the hearing. An Post records showed that the registered letter was delivered on 19 May 2015
In accordance with Section 79(6) of the Employment Equality Acts I issue the following decision. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. All reasonable efforts were made to inform the complainant of the hearing. I find that the complainants’ failure to attend such a hearing was unreasonable in the circumstances outlined above 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 conclude the investigation and find against the complainant.
Niamh O’Carroll Kelly
2nd July 2015