Case Number: DEC-E2016-035. Workplace Relations Commission

CourtWorkplace Relations Commission
Date23 February 2016
Docket NumberDEC-E2016-035
PartiesBrettislav Dolezal -V- AES Ireland Limited
EMPLOYMENT EQUALITY ACTS DECISION NO. DEC-E2016-035 PARTIES Brettislav Dolezal AND AES Ireland Limited (Represented by IBEC) File reference: EE/2012/401 Date of issue: 23 February 2016

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

1. DISPUTE

1.1 This dispute concerns a claim by Brettislav Dolezal that he was discriminated against by AES Ireland Limited the grounds of race contrary to section 6 (2) (h) of the Employment Equality Acts in that he performs “like work”, in terms of section 7 of the Employment Equality Acts with named comparators and is entitled to equal remuneration in accordance with section 29 of the Acts.

1.2 The complainant referred his claim to the Director of the Equality Tribunal on 26 July 2012 under the Employment Equality Acts. At the same time a colleague made a similar claim to the Equality Tribunal. Submissions were received from both sides. The parties were informed by letter sent registered post on 15 January 2015 that a hearing was scheduled for 4 March 2015, in relation to both claims. The registered letter to Mr Dolezal was returned on 26 January 2015 as ‘not called for’. On the same day he was sent a copy of the hearing letter by email but no reply was received

1.3 On 15 January 2015, 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. I proceeded to the hearing of the two claims, as scheduled, on...

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