Simon & Bridget O'Donnell
V
Bernie McInerty's
(Represented by Martin J. Neilan, Solicitors)
Simon and Bridget O'Donnell each referred a claim of discrimination on the Traveller ground 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 relates to an incident that allegedly took place on 28th October 2002. The case was assigned to me on 30th June 2006. Both parties were informed by letter dated 29th August 2006 of the date the case was scheduled for hearing, 11th October 2006. During the week before the hearing was due to take place, since confirmation of attendance had been received from neither party, attempts were made to contact them. The complainants' representative stated that they should be contacted directly from now on and provided a mobile number. The complainants address was already on file. Bridget O'Donnell explained that the name of the pub had changed. A new name was given and attempts were made to contact the respondent by phone. However contact proved impossible on the telephone number listed. Since it was unclear if the respondent was aware of the proceedings the hearing was adjourned. It was re-scheduled for 6th March 2007 and both parties were informed by letter dated 22nd January 2007. On the hearing day the respondent arrived with his representative but the complainants failed to appear.
Conclusions of the Equality Officer
Since the complainants failed to appear at the hearing I find that they have failed to present evidence in support of their claim of discrimination and therefore they have failed to establish a prima facie case of discrimination.
Decision DEC-S2007-047
Since the complainants have failed to establish a prima facie case of discrimination I find that they were not discriminated against on 28th October 2002.
Bernadette Treanor
Equality Officer
18th April 2007