Case Number: DEC-E2012-041- Full Case Report. Equality Tribunal

• Docket Number: DEC-E2012-041- Full Case Report
• Date: 12 April 2012
• Court: Equality Tribunal

THE EQUALITY TRIBUNAL

EMPLOYMENT EQUALITY ACTS

Decision DEC - E2012-041

PARTIES

Francisco Batomalaque
(Represented by Kevin Tunney & Co. Solicitors)
v
Deepclean Hygiene Solutions Limited ( in Liquidation)

File reference: EE2009/653 Date of issue: 12 April 2012

Headnotes: Employment Equality Acts, 1998-2008 - sections 6 and 8 - race - family status -conditions of employment - harassment -victimisation-- failure to attend hearing.

1. Dispute

1.1 This dispute concerns a claim by Mr. Francisco Batomalaque (hereinafter "the complainant") that he was discriminated against by Deepclean Hygiene Solutions Limited (hereinafter the respondent) on the grounds of race and family status contrary to Section 6 of the Employment Equality Acts in relation to conditions of employment in terms of Section 8, that he was harassed contrary to Section 14A and that he was victimised in accordance with Section 74 (2) of those Acts.

1.2 The complainant referred a complaint under the Employment Equality Acts to the Equality Tribunal on 1 September 2009. The complainant maintained that the respondent discriminated against him in relation to his conditions of employment. He also maintained that he was harassed and victimised. 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 12 March 2012, the date the complaint was delegated to me. Submissions were received on behalf of the complainant and on behalf of the respondent. In accordance with the normal procedures of the Tribunal the parties were notified in writing on 15 February 2012 that a Hearing on the complaint would take place on 11 April 2012 commencing at 10:30am. This notification was also sent by registered post to both parties on 12 March 2012. A letter was received on 9 March 2012 from the...