THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011-056
Mr. Vitalis Burakovas
(Represented by Grogan and Associates Solicitors)
Kiely's Distribution Limited
File reference: EE/2008/861
Date of issue: 21 March 2011
1.1 This dispute involves a claim by Mr. Vitalis Burakovas that he was discriminated against by Kiely's Distribution Limited, on the grounds of race, contrary to section 6(2) (h) of the Employment Equality Acts 1998 - 2008 and contrary to section 8 of those Acts, in relation to training and conditions of employment and in relation to his dismissal.
2.1 Mr. Burakovas referred a complaint under the Employment Equality Acts 1998 to 2008, to the Equality Tribunal on the 12th of December 2008, alleging that the respondent had discriminated against him on grounds of race when he was dismissed from his job, without proper procedure.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2008 the Director delegated the case on the 21st February, 2011 to me, Orla Jones, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts This is the date I commenced my investigation. Written submissions were received from both parties. As required by Section 79(1) of the Acts and as part of my investigation I proceeded to a hearing on the 9th of March, 2011. A notification of the hearing date was sent to all parties by registered post.
2.3 On the day of the hearing, neither the complainant nor the respondent was in attendance.
3.1 In 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 am satisfied that the complainant received notification of the hearing arrangements. 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 of discrimination I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
21 March, 2011