Orla Byrne and Pat Houlihan V The Proprietor, Hog Heaven Ltd., t/a Boss Hoggs , Dublin
2 Outcome of Hearing
2.1 The parties to these complaints provided oral evidence at a Hearing of the complaints. As the facts of these complaints are not in dispute the parties to the complaints agreed at the Hearing to the following undertakings on the part of the respondent in full settlement of the complaints at hand:-
(a) the respondent will forward to the complainants a letter from the member of staff who refused them service, which will contain a full apology for the manner in which they were treated, and will state that this member of staff is now fully aware of the requirements of the Equal Status Act 2000.
(b) the respondent will post a notice in his premises stating that guide dogs are welcome in the premises.
(c) the respondent will provide a meal of their choice for the complainants either in his premises at a time and date of their choosing or alternatively, the respondent will pay for such a meal in an establishment, adjacent to the respondent premises, of the complainant's choice.
(d) the respondent will make a donation of €50 to the Irish Guide Dogs Association.
(e) the respondent will undertake to regularise his position with regard to the requirements of company law, in particular in relation to the correct registration of the company business name. This was requested by the complainants because of the difficulties experienced by them in identifying the correct respondent in this matter
3 Decision
I find that the complainants were discriminated against on the disability ground contrary to Section 3(1) (a), 3(1) (b) and 3(2) (g) of the Equal Status Act 2000 and in terms of Section 5(1) of that Act.
4 Redress
4.1 Under section 25(4) of the Equal Status Act, 2000 redress shall be ordered where a finding is in favour of the complainant in accordance with section 27. Section 27(1) provides that: "the types of redress for which a decision of the Director under section 25 may provide are either or both of the following as may be appropriate in the circumstances:
(a) an order for compensation for the effects of the discrimination;
or
(b) an order that a person or persons specified in the order take a course of action which is so specified."
4.2 Having regard to the evidence provided by the parties and as the respondent accepts (i) the facts as provided by the complainants and (ii) vicarious liability in this matter, I deem 2.1(a) to 2.1(d) above to be appropriate redress in the circumstances and I hereby order that the undertakings contained in 2.1(a) to 2.1(d) on the part of the respondent be fulfilled by him in full at the earliest opportunity but not later than three months from the date of this Decision.
4.3 I recommend that the respondent regularises the position in relation to company law registration of his business (see 2.1(e) above) which was agreed between the parties as appropriate and which the respondent undertook to do. I am not making an order in respect of 2.1 (e) as I have no jurisdiction to do so. Company law matters do not come within the remit of this Office.
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Dolores Kavanagh
Equality Officer
20 April, 2004