Philip & Kathleen O'Neill (Represented by Sullivan Waters & Co., Solicitors) V The Licensee, The Pinewood Inn, Cork (Represented by Colbert & Associates, Solicitors)
1. Dispute
1.1 This dispute concerns claims by Philip and Kathleen O'Neill that on 8 October 2001, they were denied a service in the respondent premises on the grounds that they are members of the Traveller community. The respondent denies that discrimination occurred. The complainants each referred a claim 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 and under the Equal Status Act 2000, the Director then delegated the case to me, Dolores Kavanagh, 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.
2. Summary of Complainants' Case
2.1 The complainants stated in their written complaints that they were refused service by a member of the respondent's staff on 8 October 2001. The complainants had been regular patrons of the premises and were told that the management had instructed the bar staff that they were not to be served. The complainants state that they were refused service on the grounds of their membership of the Traveller community.
3. Summary of Respondent's Case
3.1 The respondent states that Kathleen O'Neill had, in good faith, been mistaken for another woman who had threatened and physically intimidated a member of the respondent's staff and was refused service on this basis. Philip O'Neill was not refused service. When it was later established that Kathleen O'Neill was not the person who had made such threats or intimidated the staff member in question, service was provided to Ms. O'Neill who continued to attend at the premises on a regular basis.
4 Outcome of Hearing - Prima Facie Case
4.1. Neither of the complainants attended at the scheduled Hearing of their complaints on 22 April 2004. The reason provided for their non-attendance was that they had forgotten about the Hearing. As the complainants were not present at the Hearing they failed to establish a prima facie case of discrimination
5 Decision
The complainants have not established a prima facie case of discrimination on theTraveller community ground. I find therefore that the complainants were not discriminated against on the Traveller community ground contrary to Section 3(1)(a), and 3(2)(i) of the Equal Status Act 2000 and in terms of Section 5(1) of that Act.
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Dolores Kavanagh
Equality Officer
30 April, 2004