Case Number: DEC-E2016-013. Workplace Relations Commission

• Judgment Date: 01 February 2016
• Court: Workplace Relations Commission
• Docket Number: DEC-E2016-013
• Parties: Narendran Balakrishnan -V- Corn Side Ltd t/a the Porterhouse Ltd

EMPLOYMENT EQUALITY ACTS DECISION NO. DEC-E2016-013 PARTIES Narendran Balakrishnan AND Corn Side Ltd t/a the Porterhouse Ltd (Represented by Gahan Ritchie & Co Solicitors) File reference: EE/2014/219 Date of issue: 2nd February 2016

HEADNOTES: Employment Equality Acts – Failure to Attend - Unreasonable.

1. DISPUTE

1.1 This dispute concerns a claim by Narendran Balakrishnan that he was discriminated against by the respondent on the grounds of race contrary to section 6 of the Employment Equality Acts in relation to conditions of employment in terms of section 8 of those Acts and that she was harassed contrary to section 14A of the Employment Equality Acts/ or Equal Pay.

1.2 The complainant referred a claim to the Director of the Equality Tribunal on 15th April, 2014 under the Employment Equality Acts. On 24th November 2015, in accordance with his powers under section 75 of the Employment Equality Acts, the Director General of the Workplace Relations Commission delegated the case to me, Pat Brady an Adjudication Officer/Equality Officer), for investigation, hearing and decision and for the exercise of other relevant functions of the Director General under Part VII of the Acts, on which date my investigation commenced. Submissions were received from both sides. In accordance with Section 79(1) of the Employment Equality Acts and as part of my investigation I proceeded to a hearing on December 1st 2015.

1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.

1.4 Both parties and their representatives were informed by letter sent by registered post on November 2nd 2015 that a hearing was scheduled for December 1st 2015. These were confirmed as received by the complainant on November 4th 2015. The complainant did not attend the hearing.

DECISION

2.1 In accordance with Section 79(6) of...