Case Number: DEC-E2012-045- Full Case Report. Equality Tribunal

• Docket Number: DEC-E2012-045- Full Case Report
• Date: 01 April 2012
• Court: Equality Tribunal

The Equality Tribunal

EMPLOYMENT EQUALITY ACTS

DECISION NO. DEC-E2012-045

PARTIES

Stanislaw Kubula

AND

Hugh O'Brien

File reference: EE/2009/ 690
Date of issue: 23 April 2012

HEADNOTES: Employment Equality Acts Sections 6 and 8 - Race - Equal Pay - Failure to Attend - Unreasonable.

1. DISPUTE

1.1 This dispute concerns a claim by Mr Stanislaw Kubula that he was discriminated against by Hugh O'Brien on the grounds of race contrary to section 6(2)(h) of the Employment Equality Acts in that he performs "like work" with named comparators in terms of section 7 of the Acts.

1.2 The complainant referred a claim to the Director of the Equality Tribunal on 16 September 2009 under the Acts. On 9 January 2012, 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. On 12 January 2012 both parties were informed by registered post that a preliminary hearing had been scheduled for 7 March 2012. Due to a change in the Tribunal's schedule both parties were informed by registered post on 15 February 2012 that the hearing would now take place on 19 April 2012. In accordance with Section 79(1) of the Acts and as part of my investigation I proceeded to a preliminary hearing on 19 April 2012. The respondent attended the hearing but the complainant did not.

2. DECISION

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 all reasonable efforts were made to inform the complainant of the hearing. I find that the complainant's failure to attend such a hearing was unreasonable in the...