Tom Stokes, Robert Stokes and John Mongan 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, the Director then delegated the case to me, Bernadette Treanor, 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.
Background
These cases were assigned to me on 23rd November 2005. In January 2006 both parties were sent notice that the cases had been assigned to me and that the hearing would take place on 1st March 2006. On the day of the hearing at 2pm, the respondent attended with his legal representative. The complainants failed to appear, having failed to appear for another hearing earlier that day, and at approximately 2:20pm the respondent's representative was advised that their failure to appear meant that no prima facie case of discrimination was established. The complainants did finally arrive at 2.35 and were informed that they were too late.
Decision DEC-S2006-025
As the complainants failed to appear in time for the hearing they have failed to support the allegations made in the documents submitted to the Tribunal. On that basis I find that they have failed to establish a prima facie case of discrimination on the Traveller ground and therefore this decision is in favour of the respondent.
Bernadette Treanor
Equality Officer
6th April 2006