Martin, Julie, Eileen, Michael and Davy Keenan,
V
The Drogheda Lodge, Dublin
(Represented by Mason Hayes & Curran, Solicitors)
Martin, Julie, Eileen, Michael and Davy each referred a claim to the Director of Equality Investigations under the Equal Status Act 2000 alleging discrimination on the Traveller ground. 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 16th November 2006. I wrote to the parties on 8th January 2007 telling them that I had been assigned the cases and that they were scheduled for hearing on 15th February 2007. The complainants had nominated Pavee Point as representative for the purposes of their claims and they had not provided other contact information. My letter of 8th January was sent to Pavee Point. On 22nd January 2007 I contacted Pavee Point by telephone. My call was returned and it was indicated to me that the complainants had been contacted. On that basis I am satisfied that the complainants were aware of the hearing taking place. On 15th February, the respondent arrived for the hearing with a party of six. The complainants failed to appear.
Conclusions of the Equality Officer
Since I am satisfied that the complainants were aware of the hearing and they failed to appear I find that they have failed to provide evidence in support of their allegations of discrimination on the Traveller ground. I find, therefore, that they have failed to establish a prima facie case of discrimination.
Decision DEC-S2007-042
As the complainants have failed to establish a prima facie case of discrimination this decision is in favour of the respondent.
Bernadette Treanor
Equality Officer
18th April 2007