Martin and Margaret 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 27th August 2005. After two aborted attempts the hearing was finally scheduled for 27th January 2006. The respondent's representatives attended on the day of the hearing at 9:30am. The complainants failed to appear and having waited some time after the hearing was due to start, those representing the respondent were advised that the complainant's failure to appear meant that a prima facie case of discrimination had not been established and they subsequently left. The complainants did finally arrive at 10:55 but accepted that they had erred with respect to the time of the hearing.
Decision DEC-S2006-026
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