Christine O'Brien V Mary Lane, Licensee, D.P. Lyons Bar
Headnotes
Equal Status Act, 2000 - Direct discrimination, Section 3(1)(a) - Traveller community Ground, Section 3(2)(i) - Disposal of goods and supply of services, Section 5(1) - Prima Facie case.
1. Dispute
1.1 This dispute concerns a claim by Christine O'Brien that on 26 December 2001, she was treated in a discriminatory manner by the respondent. The complainant 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 complainant, along with nine companions, attended at the respondent premises on the evening of 26 December 2001. The complainant contends that the respondent refused her service on the grounds of her membership of the Traveller community
3. Summary of Respondent's Case
3.1 The respondent states that the complainant never sought service in her premises on the date in question and could not therefore have been refused service
4 Outcome of Hearing - Prima Facie Case
4.1. The complainant did not attend at the scheduled Hearing of her complaint on 29 July 2004. As the complainant was not present at the Hearing she failed to establish a prima facie case of discrimination
5 Decision
The complainant has not established a prima facie case of discrimination on any of the grounds covered by the Equal Status Act 2000. I find therefore that the complainant was not discriminated against on any of the grounds covered in the Act contrary to Section 3(1)(a), and 3(2) of the Equal Status Act 2000 and in terms of Section 5(1) of that Act.
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Dolores Kavanagh
Equality Officer
5 August, 2004