Case Number: DEC-E2012-008- Full Case Report. Equality Tribunal

• Docket Number: DEC-E2012-008- Full Case Report
• Date: 01 January 2012
• Court: Equality Tribunal

THE EQUALITY TRIBUNAL

EMPLOYMENT EQUALITY ACTS

Decision DEC - E2012 -008

PARTIES

Meskauskas
(Represented by Richard Grogan & Associates, Solicitors)

V

T. H. Plant Ltd

File reference: EE/2008/756
Date of issue: 20 January 2012

Headnotes: Employment Equality Acts, 1998-2008 - sections 6 and 8 - race- - conditions of employment - prima facie case - discriminatory dismissal - burden of proof.

1. Dispute

1.1 This dispute concerns a claim by Mr. Juozas Meskauskas (hereinafter "the complainant") that he was subjected to discriminatory treatment on the ground of his race in terms of Section 6 (2) (h) of the Act and contrary to Sections 8 of the Employment Equality Acts by T.H. Plant Ltd (hereinafter "the respondent"). The complainant maintains that the respondent discriminated against him in relation to his conditions of employment and in relation to training. He also maintains that he was discriminatorily dismissed.

1.2 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on 11 November 2008. In accordance with his powers under the Acts the Director delegated the complaint to the undersigned - Deirdre Sweeney, Equality Officer, for investigation, 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 7 November 2011the date the complaint was delegated to me. A submission was received on behalf of the complainant. As required by section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on 18 November 2011.

2. Summary of the Complainant's Submission

2.1 The complainant, who is a Lithuanian national, states he was employed by the respondent as a truck driver from November 2005 to October 2008. He submits that he did not receive a contract of employment, health and safety documentation, or training. He alleges that he was paid partly by a payment called "expenses" which was disguised as wages and that "his tax affairs and social security are not in order". He also alleges that he was discriminatorily dismissed. The complainant contends that this constitutes unlawful discrimination on grounds of race contrary to the Acts.

3. Summary of the Respondent's Submission

3.1 No submission was received on behalf of the respondent.

4. Conclusions of Equality Officer

4.1 The respondent did not attend the hearing of this matter. The Tribunal sent notification of the hearing to the registered office. This notification was sent by registered post and was signed for. Therefore, I was satisfied that the respondent was appropriately notified of the hearing of this complaint and I proceeded to hear the matter in the absence of the respondent.

4.2 The issue for decision by me is whether or not the respondent discriminated against the complainant on grounds of race, in terms of section 6 of the Acts and contrary to Section 8 of those Acts. In reaching my Decision, I have taken into account all of the submissions, oral and written, made to me in the course of my investigation as well as the evidence presented at the hearing.

4.3 Section 6(1) of the Employment Equality Acts provides that discrimination shall be taken to occur where "a person is treated less favourably than another person is, has been or would be treated in...