Martin & Sarah Stokes V Frank Colgan Investment Co.Ltd., t/a The Lucan Spa Hotel, Dublin
Headnotes
Equal Status Act, 2000 - Direct discrimination, Section 3(1)(a) – Traveller 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 claims by Martin and Sarah Stokes that on 29 May 2002, they were treated in a discriminatory manner by a member of the respondent’s staff. 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 this and 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 complaint that they were treated in a discriminatory manner by a member of the respondent’s staff on 29 May 2002 when they and some friends attended at the respondent premises for a family celebration. The group ordered food and drinks. At circa 10.00 p.m. the group were told that the bar was closing and that they would have to go to a bar in another part of the premises. The group were subsequently refused service in the bar to which they moved.
In the absence of any explanation for the refusal the complainants state that they were refused on the basis of their Traveller status.
3. Summary of Respondent’s Case
3.1 The respondent denies that discrimination occurred and states that the complainants and their companions were served without difficulty in the restaurant on the premises which closes at 10.00 p.m. When a staff member (named) sought payment for the food and drink which had been consumed they were told by one member of the group to put the amount due on his tab. The group was informed that tabs do not exist in the hotel. The same gentleman told the staff member to charge the bill to his room. It transpired that the room number offered by the gentleman in question did not exist and no member of the group was resident in the hotel. The staff member requested cash payment for the outstanding bill and eventually received payment. The matter was brought to the manager’s attention and the latter decided that no further service was to be given to the group on foot of the incident. The group behaved in a very aggressive and loud manner when refused further service and proceeded to block other customers from receiving service from the bar. The Gardaí were called and requested that the group leave the premises immediately.
4 Outcome of Hearing - Prima Facie Case
4.1. The complainants did not attend at the scheduled Hearing of their complaints on 4 August 2005. As the complainants were not present at the Hearing they failed to establish a prima facie case of discrimination on any of the grounds under the Equal Status Act 2000.
5 Decision
The complainants have 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 complainants were 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
5 August, 2005