Case Number: DEC-E2012-033- Full Case Report. Equality Tribunal

• Docket Number: DEC-E2012-033- Full Case Report
• Date: 21 March 2012
• Court: Equality Tribunal

The Equality Tribunal

Employment Equality Acts
Decision DEC-E2012-033

PARTIES

Konstantinas Gucal
(Represented by Richard Grogan and Associates)

- V -

Stephen Whyte

File references: EE/2009/181
Date of issue: 21 March 2012

Keywords - Employment Equality Acts 1998 to 2008 - Discriminatory Treatment - Race - Failure to Attend - Unreasonable

1. BACKGROUND

1.1 This dispute concerns a claim by the complainant that he was subjected to discriminatory treatment and discriminatory dismissal by the respondent on grounds of race, in terms of Section 6 and contrary to Section 8 of the Employment Equality Acts

1.2 The complainant referred his claim of discrimination to the Director of the Equality Tribunal on 16 March 2009 under the Employment Equality Acts. On 1 March, 2012, in accordance with his powers under section 75 of the Acts, the Director delegated the case to Conor Stokes - 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. As required by Section 79(1) and as part of my investigation, I proceeded to a hearing on 16 March 2012. All written and oral evidence presented to the Tribunal has been taken into consideration when coming to this decision.

1.3 The date of the hearing was notified to the parties by post.

1.4 The complainant's representative attended the hearing of this matter, however, neither the complainant nor the respondent attended.

2. DECISION

2.1 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. I am satisfied that the complainant was notified of the arrangements for the hearing. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegations...