DEC-S2005-188 Ms. Breda Kiely, DEC-S2005-189 Ms. Mary Kiely V New Grand Parade Hotel
Equality Officer Decision
DEC-S2005-188-189
Delegation under Equal Status Acts, 2000-2004
The complainants referred a claim to the Director of Equality Investigations on 17th June 2002 under the Equal Status Acts, 2000 . In accordance with her powers under section 75 of the Employment Equality Act, 1998 and under the Equal Status Acts, 2000 the Director, on 18th October 2005, delegated the case to me, Marian Duffy, 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, 2000. The hearing took place in Cork on 29th November 2005.
1. Dispute
1.1 The dispute concerns claims by Ms. Breda Kiely and Ms. Mary Kiely that they were discriminated against by the New Grand Hotel on the age and Traveller Community grounds, in that they were refused a service which is generally available to the public. The complainants allege that the respondent discriminated against them in terms of Sections 3(1)(a), and 3(2)(f) and (i) of the Equal Status Act, 2000 contrary to Section 5(1) of that Act.
2. Summary of the Case
2.1 The complainant's case is that they were regular customers of the respondent's hotel and that they were well known to the staff. The nightclub was renovated and the new club was called the Bakery. On 27th January 2002 the complainants were in the hotel with two female friends intending to go to the newly refurbished night club. They said that they were approached by a bouncer and they were told that they could not go to the night club as the management wanted a younger crowd. The respondent did not reply to the complaints.
3. Conclusions of the Equality Officer
The complainants and the respondent were notified that the hearing was scheduled for the 29th November 2005 and neither party attended. I find, given that they failed to attend the hearing, the complainants did not establish a prima facie case of discriminatory treatment.
4. Decision
4.1 On the basis of the foregoing I find that the complainants were not discriminated against by the respondent on the age or Traveller community ground contrary to Section 3(1) and 3(2)(f) and (i) of the Equal Status Act, 2000 and in terms of Section 5(1) of that Act.
Marian Duffy
Equality Officer
1st December, 2005