Equality Officer’s Decision No: DEC-E/2015/025
Resource Facilities Support Ltd.
(Represented by Management Support Services (Ireland) Ltd.)
File No: EE/2012/589
Date of issue: 25 May, 2015
1.1 The Complainant (Mr. Dariusz Borkowski) referred a complaint under the Employment Equality Acts to the Equality Tribunal on 19 December 2012 alleging that the Respondent had discriminated against him on grounds of race in terms of section 6(2) of the Employment Equality Acts and contrary to section 8 of those Acts in respect of his conditions of employment and promotion.
1.2 In accordance with his powers under the Employment Equality Acts, the Director delegated the complaint to the undersigned - Gary Dixon, Equality Officer - for investigation, hearing and decision, and for the exercise of any other relevant functions of the Director under Part VII of the Acts. My investigation of the complaint commenced on 6 March 2015, the date the complaint was delegated to me.
1.3 In accordance with the general practice of the Equality Tribunal, the parties were notified by post that a Hearing of the complaint would take place at Davitt House, 65a Adelaide Road, Dublin 2 on 10 April 2015 commencing at 2.30 pm. On 1 April 2015 the Respondent requested an adjournment of the Hearing due to the unavailability of a key witness on the scheduled date. The adjournment was granted and the parties were advised that the Hearing was rescheduled for 7 May commencing at 10.30 am. The notification was issued to the Complainant by email on 1 April and by post on 2 April 2015.
1.4 No response was received to any of the correspondence sent to the Complainant, nor was the Tribunal advised of any change of postal or email addresses. The notification that issued to the Complainant via email was “successfully relayed” to the email address provided by him.
1.5 The Complainant did not attend the Hearing scheduled for 7May 2015. The Respondent, represented by Management Support Services (Ireland) Limited, was in attendance together with 2 witnesses from the company.
2. DECISION OF THE EQUALITY OFFICER.
2.1 In accordance with section 79(6) of the Employment Equality Acts, I make the following decision:
2.2 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. Accordingly, I 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 contrary to the terms of the Acts, I hereby conclude my investigation and find against the Complainant.
25th May 2015