Ann Marie Logan V Glamour Fashions, Cork
Headnotes
Equal Status Act, 2000 - Direct discrimination, Section 3(1)(a) - Disposal of goods and supply of services, Section 5(1) - Refusal of service - Prima facie case.
1. Dispute
1.1 This dispute concerns a claim by Ann Marie Logan that on 24 September 2002, she was denied a service in the respondent premises. 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 stated in her written complaint that she was refused service by the respondent on 24 September 2002. The complainant was in the process of shopping in the premises and states that she was approached by one of the owners and asked to leave the premises. Having submitted a formal complaint in the matter the complainant states that she was threatened by the proprietor of the respondent premises.
3. Summary of Respondent's Case
3.1 The respondent failed to respond to any correspondence in this matter.
4 Outcome of Hearing - Prima Facie Case
4.1. The complainant did not attend at the scheduled Hearing of her complaint on 14 May 2004. No reason was provided for her non-attendance. 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 n 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
17 June, 2004