Ms. Helen Quilligan -VA- Wear (Limerick) (represented by Mr. Gary Compton BL instructed by Matheson Ormsby Prentice Solicitors)
The complainant referred a claim to the Director of Equality Investigations on 20 February, 2002 under the Equal Status Act, 2000. In accordance with her powers under section 75 of the Employment Equality Act, 1998 and under the Equal Status Act, 2000, the Director then delegated the case to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Act, 2000.
1. Dispute
1.1 The dispute concerns a claim by Ms. Helen Quilligan that she was discriminated against by A-Wear on the Traveller community ground in terms of Sections 3(1)(a), and 3(2) (i) of the Equal Status Act, 2000 and contrary to Section 5(1) of that Act in that she was asked to leave the respondent's shop on 24 August, 2001. The respondent denied discriminatory treatment on the Traveller community ground and submitted that the complainant was asked to leave the shop after she failed to control the behaviour of her children when requested to do so by Security.
2. Conclusions of the Equality Officer
2.1 The complainant did not attend the Equality Officer hearing scheduled for Wednesday, 26 November 2003. The respondent and his legal representation attended. The complainant' brother notified the Tribunal Office on Tuesday 25 November, 2003 that one of her witnesses was not available because of a medical condition. The complainant was informed through her brother that the hearing was taking place as scheduled and any difficulty she had with witnesses would be dealt with by the Equality Officer on the day. The complainant's solicitor had already notified the Tribunal that he may not be in a position to attend the hearing on 26 November, 2003, but the complainant and her witnesses would be attending. The complainant's solicitor confirmed to the Equality Officer that he had made the complainant aware of the hearing and had advised her to attend.
2.2 I am satisfied therefore that the complainant was properly notified and was aware of the date of the hearing and for her own reasons choose not to attend. I find, given the complainant's failure to give evidence at the hearing, that she has failed to establish a prima facie case of discrimination.
3. Decision
3.1 I find therefore, that A-Wear did not unlawfully discriminate against Ms. Helen Quilligan on the Traveller community ground on 24 August, 2001 in terms of Sections 3(1)(a), and 3(2)(i) and contrary to Section 5(1) of the Equal Status Act, 2000.
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Marian Duffy
Equality Officer
16 December, 2003