John Paul McDonagh V The Licensee, The Keg Public House
Headnotes
Equal Status Act, 2000 - Direct discrimination, Section 3(1)(a) – Race Ground, Section 3(2)(h) – Age Ground, Section 3(2)(f) - Disposal of goods and supply of services, Section 5(1) - Prima facie case.
1. Dispute
1.1 This dispute concerns a claim by John Paul McDonagh that on 19 May 2002, he was treated in a discriminatory manner by a member of the respondent’s staff. The complainant referred a claim to the Director of Equality Investigations under the Equal Status Act 2000. In accordance with his 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 this and 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 his written complaint that he was treated in a discriminatory manner by a member of the respondent’s staff on 19 May 2002 when he attended at the respondent premises to receive a football award and was refused entry. The local football teams had been invited to hold the award presentations in the respondent premises. The doorman refused to admit the complainant and refused to provide an explanation for the refusal. Despite the intervention of the team manager the doorman still refused to admit the complainant. The complainant states that the refusal was witnessed by a number of people, and that he was embarrassed in front of his team mates and the witnesses by the behaviour of the doorman.
In the absence of any explanation for the refusal the complainant feels that he was refused entry either because of his age or because the nationality stated on his passport is English. The complainant had the passport with him for identification purposes. The complainant also feels that he may have been refused because of his surname.
3. Summary of Respondent’s Case
3.1 The respondent did not respond to correspondence from the complainant or the Tribunal in this matter and did not attend at the scheduled Hearing of this complaint.
4 Outcome of Hearing - Prima Facie Case
4.1. The complainant did not attend at the scheduled Hearing of his complaint on 26 July 2005. As the complainant was not present at the Hearing he failed to establish a prima facie case of discrimination on any if the grounds under the Equal Status Act 2000.
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.
______________________________
Dolores Kavanagh
Equality Officer
4 August, 2005