Case Number: DEC-E2012-007- Full Case Report. Equality Tribunal

• Docket Number: DEC-E2012-007- Full Case Report
• Date: 01 January 2012
• Court: Equality Tribunal

The Equality Tribunal

EMPLOYMENT EQUALITY ACTS

DECISION NO. DEC-E2012-007

PARTIES

Pawel Wilczek
(Represented by Niall Neligan BL instructed by P. C. Moore & Co. Solicitors)

AND

Corr & Flynn Joinery Limited
(Represented by F. J. Gearty & Co. Solicitors)

File reference: EE/2009/247
Date of issue: 16 January 2012

HEADNOTES: Employment Equality Acts Sections 6 and 8 - Race - Conditions of employment - Harassment - Discriminatory dismissal.

1 DISPUTE

1.1 This dispute concerns claims by Mr Pawel Wilczek that he was discriminated against by Corr and Flynn Joinery Limited on the grounds of race contrary to section 6(2)(h) of the Employment Equality Acts in relation to conditions of employment and discriminatory dismissal in terms of sections 8 of the Acts and that he was harassed in terms of section 14A of the Acts.

1.2 The complainant referred his claim to the Director of the Equality Tribunal on 17 April 2009 under the Employment Equality Acts. On 29 Spetember 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Hugh Lonsdale, 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 and in accordance with Section 79(1) of the Acts and as part of my investigation I proceeded to a hearing on 6 December 2011.

2 COMPLAINANTS' SUBMISSION

2.1 The complainant started work for the respondent on 31 January 2006 as a carpenter. He submits that he was not issued with a contract of employment; in particular he was not issued with a contract in his own language. He received no health and safety training or documentation. Because of the lack of documentation he was not advised how to raise a grievance. Also, he was not issued with payslips. He submits that he did not receive the terms and conditions, including pay, in accordance with the Registered Employment Agreement (REA) for the Construction Industry.

2.2 The complainant submits that the manner in which he was treated amounted to harassment.

2.3 The complainant submits that he was dismissed without notice. He worked for one week after the Christmas holidays in 2008 and on 16 January 2009 he was told there was no more work and he was being laid off. The respondent told the complainant they would ring him when there was more work. He heard nothing for three weeks so he rang the respondent and discovered they had retained all their Irish employees. The complainant claims the dismissal was discriminatory as one of the Irish workers was retained even though the complainant had greater experience and qualifications, and a longer period of unbroken service with the respondent.

3 RESPONDENT'S SUBMISSION

3.1 The respondent confirmed that the respondent worked for them from January 2006 to January 2009. They accept the complainant was not issued with a contract of employment but submit that his terms and...