Bridget Collins (Represented by the Equality Authority) V Campions Public House (Represented by Mason Hayes and Curran Solicitors)
Delegation under the Equal Status Act, 2000
The complainant, Bridget Collins referred a complaint to the Director of Equality Investigations under the Equal Status Act 2000. In accordance with her powers under section 75 of the Employment Equality Act, 1998 the Director has delegated the investigation hearing and decision of this case and the exercise of other relevant functions of the Director under part III of the Equal Status Act 2000 to me Mary O'Callaghan an Equality Officer. The hearing of the case commenced on Wednesday 21st May 2003 and was reconvened on Thursday 17th July 2003 to hear the evidence of a witness who was out of the jurisdiction on the first day of the hearing. The hearing concluded with the evidence of this witness.
1. Dispute
1.1 This dispute concerns a complaint by Ms. Bridget Collins that she was victimised contrary to Section 3 (2) (j) of the Equal Status Act 2000 by Mr. David Campion at Campions Pub on the grounds of giving notice of her intention to take a complaint of discrimination on the Traveller Community ground contrary to Section 3(1) and Section 3 (2) (i) of the Equal Status Act, to the Director of Equality Investigations.
1.2 The complainant maintains that on asking her if she was the person who had a complaint against the pub and then refusing her service, the respondent victimised her as a result of her notifying him of her intention to take a complaint of discrimination to the Director of Equality Investigations.
2. Background
2.1 Mrs. Collins notified Campions Pub of her intention to make a complaint of discrimination to the Director of Equality Investigations on 10th April 2001. On the 26th June she was in Campion's pub with a funeral group following a funeral when she was approached by Mr. David Campion who asked for her name and then asked if she was the same Bridget Collins who had a claim "up with a Solicitor." When Mrs. Collins confirmed this, Mr. Campion told her she would have to leave. Mrs. Collins alleges that this action amounts to victimisation under Section 3 (2)(j) of the Equal Status Act, 2000.
2.2 Mr. Campion accepts that he asked Mrs. Collins if she was the person with a claim against the pub but he said he had only done so as a means of identifying her as the Bridget Collins who was barred from the pub as a result of a previous incident where counterfeit money had been passed in the pub.
3. Summary of the Complainants case
3.1 The complainant says that she went to Campions bar on 26th June 2001 after attending the funeral of a friend of hers. She went there on the invitation of the bereaved family and during her time in the pub was asked by the owner if she had a claim in against the pub. When she confirmed that she had, she was told she would have to leave the premises.
4. Summary of the Respondent's Case
4.1 The respondents say that the complainant was barred from the pub as a result of an incident in February 2001 and had been told of her barring by one of the owners when she went to the pub in April 2001 and by letter from the respondent's solicitor in May 2001. They say in a written submission that when she was pointed out on the premises on the 26th June 2001 by a member of staff, the question of whether she was the person who had a complaint against the pub was just asked to confirm her identity as an individual who was barred from the premises.
5. Evidence of the Parties
5.1 Evidence of Bridget Collins (Complainant)
- Mrs. Collins went to Campions Public House on June 26th 2001 on the invitation of the family of a deceased friend of hers whose funeral she had attended that day. She said that she had not been to Campions very often before that but had celebrated her child's Christening in the function room of the pub the previous February, had visited the pub to retrieve her deposit for that booking shortly thereafter and had gone there on one other occasion in April 2001.
- In relation to her first visit, Mrs. Collins said she had booked the function room with the help of a friend of hers prior to the Christening and had gone to the pub with that friend to pay over the deposit. Mrs. Collins said that on the night of the Christening about 80 people attended the party and that at some point in the night a number of uninvited guests who were known to her and her husband as "not good people" arrived at the party. Her husband became aware that they may have been passing counterfeit "fraud" money and she told him to inform the barman, who, she said, thanked her husband for the information. She said that her husband did not specifically identify those who were passing the "fraud money" to the bar staff but indicated that there was a likelihood that such money would be used to purchase drink.
- Mrs. Collins said that on the following day she went with her husband to collect the deposit they had paid on the function room and to collect the Christening cake from the pub. They met Mr. Fabian Campion who told them the pub was down £60 in takings due to the counterfeit money being used. Mr. Collins said that he had warned the staff to watch out for such money but he offered to make good the loss. Mr. Campion then handed over the counterfeit money to the Collins's. Mrs. Collins says that she wasn't told she was barred from the pub on that occasion.
- A number of weeks later she went to Campions with her husband and her husband went to the bar and ordered drinks from a boy who approached them. She said that the boy told him that Mr. Campion had said they were not to be served. She says they were told they could have the two drinks they had ordered and then leave. They were told that they wouldn't be served because of their friends and because of what had happened at the Christening.
- Mrs. Collins said that she didn't return to the pub after that until the 26th June 2001 when she was asked to go there after the funeral of her friend Mrs. O'Shea, by the deceased woman's family. (By that time she had notified the respondent of her intention to refer a complaint to the Director of Equality Investigations. Mrs. Collins later decided not to pursue the complaint of discrimination.) She said that Mrs. O'Shea's daughter was her brother's girlfriend and that they were good friends. She said that many members of her family also attended the funeral and went to the pub and that many of these had also attended the Christening on the previous February. She said that her mother, father, brother and sister had attended both events.
- Mrs. Collins said that she was sitting near the door in close proximity to some others in the group but a little apart as she had a baby in a buggy with her. After about 15 minutes a man (Mr. David Campion) came over to her and asked if her name was Bridget Collins and she confirmed this. He then said "are you the Bridget Collins that has the pub up with the solicitor" and she also confirmed this. Mrs. Collins said that Mr. Campion then said I am asking you to leave. She said that Mr. Campion spoke to no one else in the group. She also said that she didn't remember Mr. Campion from the night of the Christening.
- On examination by her representative Mrs. Collins said she had been asked by a member of the deceased woman's family not to leave after this but that she was upset and went to get her husband and they both left with the baby, Mrs. Collins said her husband returned to the pub later to rejoin the funeral group.
- On cross examination by the respondents' representative Mrs. Collins confirmed that the time she placed the deposit for the Christening party was the first time she had been in Campions She said that she thought she had entered the pub together with Ann Daly a colleague from her place of work. She didn't remember seeing any of the Campion brothers on that occasion but remembers placing her deposit with Eoin the bar manager.
- Mrs. Collins was asked on cross examination about how guests came to be at the Christening party and she said that she had gone from house to house inviting people she knew. She said that although she knew those who had passed the counterfeit money, they had not been invited to the party but arrived unexpectedly. She was asked why she hadn't identified them to the bar staff and said that she felt that by advising the barman about what was going on she had done enough.
- During cross examination Mrs. Collins was asked if she was aware that it was a criminal offence to pass or receive counterfeit money and if she felt she was validly barred and she said that she still believed the barring was discrimination although she has since withdrawn her complaint. She decided to make a complaint of discrimination after beingtold she was barred in April 2001 and notified the respondents accordingly. She acknowledged she received a letter from the respondents representative on the 10th May 2001 saying that all of the group were barred because of what had happened on the night of the Christening.
- Regarding the incident under investigation, Mrs. Collins disputed that checking, if she was the person who had a complaint with the solicitor, was the only way to identify her as the person who was barred. Mrs. Collins said that although she was at a separate seat from the others in her group on that day she wasn't separate from the group and was just sitting there because of her baby.
5.2 Evidence of Fabian and David Campion (Respondents)
- Mr. David Campion said that the pub had a capacity of 300-400 customers and had been in his family for 3 generations approaching 100 years. The upstairs function room had a capacity of about 100.
- He said that a number of Travellers were regulars in the pub.
- Mr. Fabian Campion said that the Collins Christening party was booked for 7 p.m. on the night of the 17th February 2001 but that Mrs. Collins came in at about 6-6.30 p.m.. He said that the original booking was for 50 to 60 people but more than that came and he thought that about 85 to 100 people had come.
- He said that it was brought to Eoin, the bar manager's attention that "dud money" was being passed. One of the staff indicated someone, who denied at first that he was passing bad money but then admitted it. He then reimbursed a proportion of the money and offered to buy back the remainder at £10 per £20 note sterling. Mr. Campion refused and a decision was taken not to accept any more sterling cash that night. Mr. Campion understood that Mr. Paddy Collins the complainant's husband had mentioned to the bar staff about the possibility of counterfeit money being passed in the pub that evening but this was already after the bar staff were aware of the problem.
- He had never met the Collins's before the 17th February 2001.
- Mr. Fabian Campion said that he was working in the bar -moving between the various bar areas on the night of the Christening. He said he identified only one of those who was passing counterfeit sterling at the party. He said it was usually a matter for the family to make a decision on whether customers should be barred, as the pub was a family business, although it was possible to do so himself. Mr. Campion said that the family would discuss incidents in the bar and make a decision based on the outcome of those discussions. There was, however, no particular policy in relation to the barring of a customer but in general it tended to be a life ban. He said that he didn't know any of the attendance at Christening party and that he may not be able to recognise all of them. Everyone at the Christening was barred and he made it clear to the Collins's in April why they were barred.
- Mr. Campion said that Mrs. Collins and her husband came back to the pub on the 18th February and asked for their cake and the return of their deposit. Mr. Campion told them about the counterfeit money which was passed and he said that Mr. Collins told him that he was not responsible. Mr. Campion said he described the one person he identified who had passed the counterfeit money and Mr. Collins said " I know who you are talking about. I'll sort it out." Mr. Campion said he believed that the issue would be sorted out with the Gardai. He said that Mr. Collins agreed to a deduction of the amount of money outstanding from the deposit and the bad sterling was given back. He said that Mr. Collins asked if it would be all right to come back to the pub and Mr. Campion said that he would make a decision on that and phone him. He took a phone number from the Collins's. Mr. Campion said once a decision had been taken to bar the party group he phoned the number he had three to four times but was unable to get through.
- Mr. Campion said he was working in the bar again on the 7th April 2001 when the Collins's came in and when he spotted Mr. Collins he told him to leave. He also told Mrs. Collins that she was barred.
- Mr. David Campion who is a brother of Fabian Campion said he was not working in the bar on either the date of the Christening or the other occasions the Collins's were in the pub prior to the 26th June 2001. He knew of the incident involving the counterfeit money but he wasn't working that night.
- On the 26th June 2001 he was working in the bar and there was a booking for a funeral group in the bar. The booking was made by John O'Shea a customer who was known to him and whose wife had died. Campions pub is situated across the road from Balgriffin Cemetery and is a popular venue among funeral attendees for tea and refreshments following a funeral.
- Mr. Campion said that a member of the bar staff approached him and indicated Mrs. Collins to him and said "that's Bridget Collins She was barred over the dud money." Mr. Campion said that he went over to Mrs. Collins and asked her if she was Bridget Collins and if she was the person who had been dealing with his solicitor (about the complaint). He said that when she confirmed that she was he asked her to leave. He then went to Mr. O' Shea and told him that there was someone in the premises who was barred and would have to leave. Mr. Campion said he wasn't aware of any connection between the two families.
- Mr. Campion said that he believed that Bridget Collins was on her own and not in company. He considered her to be sitting apart from the funeral group as there was a narrow passage between where Mrs. Collins was sitting and where the remainder of the group were. He said he didn't recognise anyone as her husband. He said that the day of this hearing was the first time he had seen her husband. Mr. Campion said that on the 26th June 2001 he was not aware of the presence of anyone who had been at the Christening party in February and that he didn't attempt to find out.
- On cross examination Mr. Fabian Campion said that he didn't contact the Gardaí about the counterfeit money because it would cause embarrassment and he thought it was for the best. He was asked by the complainant's representative if he agreed that the Collins's had done what they thought was best in relation to the money. He said that he didn't know what the Collins's had done with the money.
- Mr. David Campion said on cross examination that the staff member who pointed Mrs. Collins out to him was on duty both on the night of Christening and on the day of the funeral and she recognised Mrs. Collins as someone Fabian Campion had refused some weeks earlier. It was put to Mr. Campion that it was not necessary to refer to the complaint lodged against the pub in order to identify Mrs. Collins and Mr. Campion maintained that he was merely trying to ensure that she was the same woman who was barred from the pub.
- When asked if he made sure that Mrs. Collins left, Mr. Campion said the video showed it. He said he didn't consider it a serious incident. He also said that he didn't recall who Mrs. Collins left with apart from the baby in a buggy.
- Mr. Fabian Campion was asked by his representative if he recalled what time he identifed the passer of counterfeit notes. He said it was about 10 p.m. which was 31/2 to 4 hours after Mrs. Collins came to the pub for the Christening. He said that he relied on people who booked the function room to make sure they didn't bring unwelcome guests.
6. Evidence of Complainants Witnesses
6.1 Evidence of Ms. Joan O'Shea
- Ms O' Shea said that she attended both the Christening party and the funeral. It was her mothers funeral and she had invited the Collins's to the pub after the funeral as she regarded them as good friends. She said that she was not a regular at Campions pub.
- Ms. O' Shea said that she was not aware of anything unusual occurring at the Christening party but had found out afterwards from her husband about the counterfeit money incident. She was not aware that Mrs. Collins was barred from the pub.
- On the 26th June she said that she was sitting with her father when she noticed a man approach Bridget (Mrs. Collins) and ask her if she was the one who had the pub up with the solicitor. She then heard the man ask Mrs. Collins to leave. The man then came to her father and told him that someone here is barred and will have to leave. Ms. O' Shea said that she asked Mrs. Collins not to leave because of the day that it was but Mr. and Mrs. Collins and the baby left. Ms. O'Shea said she was aware of about 15 people who had been at both the Christening and the funeral and that Mrs. Collins was the only one asked to leave.
6.2 Evidence of Mr. Paddy Collins
- Mr. Collins is the complainant's husband and was with her on the various occasions she attended Campions pub including the Christening and the funeral. He said that on the night of the Christening he went to the bar manager and told him of his suspicions about the passing of counterfeit money and he recalled that the bar manager said thanks. He said he had mentioned the problem to his mother in law before he approached the barman. He said that he didn't ask those passing the counterfeit money to leave in case there was a row.
- Mr. Collins said that on the following day he went with his wife to collect the deposit and the cake and he met with Fabian Campion. He ordered a drink. Mr. Campion came down with the cake and said he was down money. Mr. Collins said he told Mr. Campion to take it out of the deposit. He was refused drink. He said he was told that this was because his friends might follow him down. Mr. Collins asked if he would be served in the pub again and he was told that they would phone him about this. He said he never got the phone call but he was told he was barred when he went to the pub on the 7th April 2001.
- On the day of the funeral Mr. Collins was sitting in the bar drinking. He saw his wife talking to the O'Shea family. He said he didn't remember any conversation between Mr. O'Shea and Mr. Campion. He remembers his wife coming to him upset and saying she had to leave. He said no one from the bar approached him. Mr. Collins said he went home with his wife and child.
- Mr. Collins was asked by his representative what he did with the counterfeit money given to him by Mr. Campion and he said that he tore it up.
- On cross examination Mr. Collins said that he did not hear the conversation between his wife and Mr. David Campion on the day of the funeral and that he did not recognise Mr. Campion.
6.3 Evidence of Ann Daly
- Ms. Daly said that she was a Community Development Worker with the Northside Travellers Development Group at the time of the Christening in 2001 but that she left that post shortly afterwards to work with the Eastern Regional Health Authority as a social worker and now works as a freelance mediator based in the midlands.
- Ms. Daly said that she assisted Mrs. Collins with the booking of the Christening and went with her to pay over the deposit. She attended the Christening but was not aware of anything strange happening until Bridget Collins told her afterwards that she was aware that someone had passed bad money.
- Ms. Daly said that she believed that Mrs. Collins and her husband would have taken on the responsibility for reimbursing the £60 to the pub because that's the sort of responsible people they are.
- She said that she believed she was told by Mrs. Collins the day after the Christening that the entire attendance at the Christening party were barred. She said that she believed herself to be barred.
- Ms. Daly said that by a matter of coincidence she decided to check out the situation regarding the barring on 25th June 2001 and went to Campions on her own to see if she would be served. She said that she was served without any difficulty. She asked for a receipt and then left. She said she was curious to see if the fact that she wasn't a traveller would make a difference to whether she was served. She said she had decided to do this shortly after she knew she was barred but it was some months before she actually got an opportunity to do so.
7. Evidence of Respondents' Witnesses
7.1 Evidence of Eoin Byrne
- Mr. Byrne is the manager of Campions bar and was in charge of the function room bar on the night of the Christening. He was also on duty in the pub on the day of the funeral.
- Mr. Byrne said that on the night of the Christening it was brought to his attention by a staff member at about 10 p.m. that sterling was being used to buy drink, Mr. Byrne checked and discovered that the money was fake. He consulted with Mr. Campion who was in the main bar and the decision was taken not to accept any more sterling transactions that night. He remembered Mr. Collins coming to him at some stage to tell him about his fears about the use of counterfeit money but he said that by that point counterfeit transactions had already occurred.
- Mr. Byrne said that one of the bar staff on duty was able to point out one of the parties who had passed over the counterfeit money and they were able to recoup £40 when he was confronted. That person was asked to finish his drink and leave.
- Mr. Byrne said that following this event, the management of the bar discussed the incident and decided to bar everyone who attended the christening party. He said the reason for the barring of the whole group was the fact the they could not identify the exact people who were using counterfeit money. He recalled Mr. Fabian Campion phoning the Collins's but not getting any response.
- Mr. Byrne said that on the day of the funeral on 26th June he noticed Mrs. Collins sitting inside the door of the pub. He asked another member of the bar staff - a senior bar person - if David Campion was aware that Mrs. Collins was in the bar and The bar person, Ms. Anthea Dunne, told him that she had already said it to Mr. Campion and that he was going to tackle it.
- Mr. Byrne said that because of the proximity of the pub to a cemetery, barred persons often requested permission to come on the premises on the occasion of a funeral they were attending and the management of the bar were inclined on these occasions to allow them in provided they were not served alcohol.
- Mr. Byrne was asked why, when he noticed Mrs. Collins, did he not check to see if any more of the Christening group were there and in particular if Mrs. Collins's husband was there. He said it didn't occur to him to look.
7.2 Evidence of Ms. Anthea Dunne
- Ms. Dunne said that she is a bar person in Campions Pub and has been working there for five and half years.
- Ms. Dunne said that she would know most of the regular customers and that a number of them are travellers.
- She said that she did not know the Collins's prior to the Christening and that she had been the person who admitted Mrs. Collins to the function room on the night of the Christening in February 2001.
- Ms Dunne said that she was on duty all of that day from 10:30 a.m. to about 2 a.m. the following morning. She had two breaks of one and a half hours duration from 1-2.30 p.m. and from 6-7.30 p.m. She said she admitted Mrs. Collins to the function room at about 7 p.m. as she returned from her break early.
- Ms. Dunne said she was serving in the function room for the night and served a number of drinks to Mrs. Collins.
- Ms. Dunne said that at about 10.30 p.m. Eoin Byrne the manager came to empty the tills and when he checked the takings he discovered a number of sterling notes which were fake. She said that Mr. Byrne asked the staff to identify who had passed the money and she said that she identified two people. She said that Eoin dealt with it after that and that she continued working along with the other bar staff on duty.
- She said that she believed that Eoin Byrne spoke with Mr. Collins about the counterfeit money. She said that if something was to be said to customers they would be taken aside to avoid any embarrassment.
- Ms. Dunne said that no more sterling was accepted that night and that apart from this incident there were no problems at the party. She said a decision was taken some days later to bar the entire attendance at the party.
- Ms. Dunne said that she believed she would recognise Mrs. Collins and that she believed that she would also recognise Mr. Paddy Collins.
- Ms. Dunne said that the next time she saw Mrs. Collins in the Pub was in June with the funeral group. She said that as she was serving Mrs. Collins soup and sandwiches she recognised her as someone who was barred. She said she decided to tell Mr. David Campion this and when she told him she went about her work and left Mr. Campion to deal with it.
- Ms. Dunne said that what she said to Mr. Campion was that " that women was barred."
- She said she had no further dealings with Mr. Campion on the matter and she continued working throughout the bar.
- Ms. Dunne said that she believed that she spoke to no one else about Mrs. Collins but said that if there was evidence from Mr. Byrne that she did she accepted that.
- Ms. Dunne said that if Mr. Collins was there she didn't see him and that she didn't think of checking if he was there as she was busy.
- Ms. Dunne was asked if she felt that those working in the pub on the night of the Christening would recognise those barred that night more readily and she agreed that they would.
- When asked where Mrs. Collins was sitting, Ms. Dunne said that that she was sitting with a buggy on her own.
- It was put to Ms. Dunne that given the seriousness with which the passing of counterfeit money was regarded by Campions was it not surprising that no one appeared to have checked to see if others of the group were there that day. Ms. Dunne responded that the pub was very busy.
8. Matters for consideration
8.1 Section 3 (1) states that discrimination shall be taken to occur where on any of the grounds specified in the Act a person is treated less favourably than another person is, has been or would be treated.
8.2 Section 3 (2) (j) deals with the victimisation ground which arises if one has in good faith applied for any determination or redress under the Act..............has opposed by lawful means an act which is unlawful under the Act or has given notice of an intention to take any of the actions specified.
8.3 In this particular case the complainant states that she was victimised for having given notice of her intention to take a complaint of discrimination on the Traveller Community ground to the Director of Equality Investigations when the respondent asked her if she was the person who had made the complaint. Upon confirming that she was, she was told to leave Campions pub. In such cases the burden of proof initially lies with the complainant to show that a prima facie case exists. If a prima facie case is established, the burden of proof then shifts to the respondent.
9. Conclusions of the Equality Officer
9.1 I must first consider whether the complainant has succeeded in establishing the existence of a prima facie case. The following elements must be established to show that a prima facie case exists The complainant must show:
a) that she applied in good faith for redress under the Act, indicated an intention to do so or otherwise satisfied section 3(2)(j).
b) that she was subjected to specific acts of treatment by the respondent after she did so.
c) that this treatment was less favourable than would have been afforded to a person in similar circumstances who had not taken the action at a) above.
Once these elements have been established the burden of proof shifts to the respondent and the there is an assumption of victimisation that the respondent must rebut if his actions are not to be deemed victimisation under the Equal Status Act, 2000.
9.2 Having considered all of the evidence before me I am satisfied that Mrs. Collins, the complainant, has satisfied criterion a) above in that she notified the respondent in April 2001 of her intention to take a complaint of discrimination against him on the Traveller Community ground and lodged a complaint with the Director of Equality Investigations shortly thereafter. The fact that she subsequently withdrew her discrimination complaint could possibly be interpreted as an indication that the complaint was not taken in good faith. I consider, however, that there are a number of reasons why she may have chosen to withdraw this complaint, for example, she may be convinced that there was discrimination but has no means of proving it to the standard necessary. In fact Mrs. Collins, in her evidence has stated that she still believes that she was discriminated against. There is uncontested evidence that the complainant was questioned by the respondent as to whether she was the same Bridget Collins who had a claim against the pub, and that following confirmation of who she was, was told to leave. This illustrates that she was subjected to specific treatment by the respondent and therefore criterion b) above is satisfied. The evidence shows that a number of people, including the complainant's husband, who were barred as a result of the same incident, which resulted in the complainant being barred from the respondents premises, were present and within close proximity to the complainant at the time of the incident complained of here. None of these people were approached by the respondent and none asked to leave. The only difference between the complainant and these people, and particularly her husband, is the fact that she had notified the respondent of her intention to take a claim to the Director of Equality Investigations. Therefore I am satisfied that criterion c) has been met and that a prima facie case has been established by the complainant. The burden of proof is on the respondent, therefore, to show that his actions were not due to the notification by the complainant regarding the taking of a complaint of discrimination to the Director of Equality Investigations.
9.3 The respondents deny that their actions towards the complainant occurred due to them identifying her as the person who had notified a complaint of discrimination against them. They maintain that this fact was just utilised as a means of identifying the complainant as abarred person who was to be refused service because of her involvement in an incident at the premises in February. I consider it peculiar that this question was used as a means of identifying her as a barred person since given the circumstances of her barring there were many alternative ways of identifying her. The fact that Mrs. Collins had a young baby with her could have allowed Mr. Campion an opportunity to check if she was the person who had had the Christening party at the pub in February. Confirmation of this would have allowed him to confirm her identity without referring to the complaint of discrimination against the respondent. He could have asked if she was a person who was barred from the premises. There is no evidence that the matter of the complaint was put in his mind by Ms. Dunne when she informed him of Mrs. Collins's presence, yet this was the question he asked her on establishing that her name was Bridget Collins.
9.4 Despite the large attendance of people who were barred subsequent to the Christening party, at the event of the 26th June 2001, the respondent only approached Mrs. Collins and didn't even attempt to determine if other barred patrons were present. Given the central role of her husband in the events leading up to the barring, I consider it unlikely that he would have been any more difficult to recognise than the complainant herself and was obviously part of the funeral group. It is useful to note that Mrs. Collins never went to Campions on her own and was accompanied by her husband on the night of the Christening and on all occasions when she visited the pub subsequently. The respondent or his staff, however, focused on Mrs. Collins particularly. I believe, therefore, that in singling out Mrs. Collins for specific attention the respondent gave less favourable treatment to the complainant than to the others present, including many who were barred as a result of the incident at the Christening some months earlier.
10. Decision
10.1 On the 26th June the complainant Bridget Collins was in Campions pub as part of a funeral group when she was approached by Mr. David Campion of the respondents who on identifying her as Bridget Collins sought to find out if she was the person who had made complaint of discrimination against the pub. Upon finding out that she was, he then proceeded to ask her and her alone, to leave the pub and made no attempt to ask any other members of the group to leave.
10.2 I believe that Mr. Campion in talking to the bereaved husband Mr. O'Shea about his decision to get Mrs. Collins to leave, had ample opportunity to ascertain the presence of other members of the group who were also barred but he made no effort to do so. This leads me to the conclusion that Mr. Campion's actions were motivated by the fact Mrs. Collins had notified him of her intention to take a complaint to the Director of Equality Investigations rather than by the fact she was barred. This action constitutes victimisation as outlined in Section 3 (2) (j) of the equal Status Act 2000 and I therefore find that Bridget Collins was victimised by the respondent at Campions public house on 26th June 2001.
11. Redress
11.1 In determining the amount of redress appropriate in this case I am conscious of the fact that the complainant was one of a group of people who were barred from the premises at,the time of this incident. The reasons for the groups barring could have exposed the respondent to charges of breaching the Licensing Acts, in that criminal activity, i.e. in this case the use of counterfeit money to purchase drink, had taken place on the premises on the night of the Christening party. I do accept, however, that the complainant was not directly involved in this activity and that neither she nor her husband passed counterfeit money that night.
11.2 It is an undisputed fact between the parties that the complainant had been informed of her barring from the premises and that of the other attendees at the Christening party both verbally by the respondent in April 2001 and again by letter from the respondent's solicitor, following her notification of discrimination, in May 2001 so she would have been clearly aware that her presence on the premises could be problematic. It appears that the complainant made no attempt to make herself known to the respondents which could possibly have resulted in a temporary exemption in her barred status for the duration of the funeral.
11.3 In the light of these facts and the finding that Bridget Collins was victimised by Campions Public House, I award the sum of € 65 (sixty five Euro) for the effects of the victimisation and order that the respondent pay over to the complainant the said sum of €65 (sixty five Euro).
Mary O'Callaghan
Equality Officer
15th August 2003