Ms. Teresa McCarthy
V
The Grand Hotel, Tralee
(Represented by Gerald Baily & Co. Solicitors)
Ms McCarthy 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
This case was assigned to me on 8th May 2006. On 6th June I wrote to both parties informing them of that assignment and that the hearing would take place on Tuesday 25th July 2006. The respondent's representative wrote to ask if mediation was an option on this case and if not to request that the hearing be adjourned. On 27th June I spoke to the respondent's representative by phone and I agreed that mediation was still an option depending on the agreement of the complainant. It was agreed that the respondent would attend for the mediation and if mediation was not accepted by the complainant on the day the proceedings would be adjourned to allow attendance of a witness for the respondent. I wrote to the complainant on 27th June 2006 informing her of the situation and asking her to contact me. No response was received from the complainant until I received a phone call from her on Friday 21st July 2006. The complainant confirmed the starting time of the hearing/mediation, the starting time of another hearing, and asked for details on how mediation worked. The complainant said she would consider all the information provided but did not at that time agree to mediation. On the day of the hearing the complainant failed to appear and no explanation was received. As a matter of interest the respondent and his representative also failed to appear.
Conclusions of the Equality Officer
On the day of the hearing the case was still assigned to me for investigation and decision. Mediation had not been entered into. I am satisfied, based on the phone call from the complainant on 21st July 2006, that the complainant was aware of the hearing date. She gave absolutely no indication that she would not attend. Since the complainant failed to appear she has failed to support her claim of discrimination on the Traveller ground and therefore she has failed to establish a prima facie case of discrimination.
Decision DEC-S2006-064
Since the complainant has failed to establish a prima facie case of discrimination on the Traveller ground this decision is in favour of the respondent, the Grand Hotel, Tralee.
Bernadette Treanor
Equality Officer
23rd August 2006