DEC-E2011-087-Full Case Report

THE EQUALITY TRIBUNAL

EMPLOYMENT EQUALITY ACTS 1998-2008

Decision DEC - E2011 - 087

PARTIES

Aleksandrs Cepuritis
(represented by Richard Grogan
and Associates, Solicitors)

and

Limosa Limited t/a Extraspace
(represented by ESA Consultants)

File References: EE/2008/876
Date of Issue: 3rd May, 2011

Claim

1.1. The case concerns a claim by Mr. Aleksandrs Cepuritis that Limosa Ltd. t/a Extraspace discriminated against him on the grounds of marital status, family status and race contrary to sections 6(2)(b), 6(2)(c) and 6(2)(h) of the Employment Equality Acts 1998 to 2008, in terms of training, conditions of employment and discriminatory dismissal.

1.2. The complainant referred a complaint under the Employment Equality Acts 1998 to 2008 to the Director of the Equality Tribunal on 17 December, 2008. A submission was received from the complainant on 27 May, 2009. A submission was received from the respondent on 17, June, 2009. On 6 April, 2011, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Enda Murphy, 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 this date my investigation commenced. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 27 April, 2011.

1.3. The parties were notified of the hearing date by registered post on 31 January, 2011. On the morning of the hearing, the respondent and its representative were in attendance. The complainant's representative was also in attendance and she informed the Tribunal that her office had notified the complainant about the hearing arrangements; however, she was unable to obtain further instructions from her client in relation to this matter. The complainant did not attend, and did not contact the Tribunal in any way. In the circumstances, I was satisfied that the Tribunal had made all reasonable efforts to notify the complainant of the Hearing arrangements.

2. Decision

2.1. In the light of the foregoing, and in accordance with Section 79(6) of the Employment Equality Acts 1998 to 2008, I issue the following decision. As part of my investigation under Section 79 of the Act, I am obliged to hold a 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 allegation of discrimination I conclude the investigation and find against the complainant.

______________________
Enda Murphy
Equality Officer
3rd May, 2011