DEC - S2007 - 054
Ellen & Michael O'Brien
(Represented by Waterford Traveller Community Development Project)
V
Holy Cross Pub & Restaurant
(Represented by Kinsella Heffernan Foskin Solicitors)
Ellen and Michael O'Brien 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
Both parties were informed by letter dated 5th March 2007 that this case relating to an alleged incident on 28th December 2002 had been assigned to me and that the hearing would take place on 4th April 2007. By letter dated 12th March 2007 the complainants' representative confirmed that the complainants would attend the hearing. However, approximately 45 minutes before the hearing was due to start I was informed that the complainants would not be present. The respondent was present with his representative. Since the complainants failed to appear at the hearing I find that they have failed to support their claim of discrimination on the Traveller ground and therefore they have failed to establish a prima facie case of discrimination.
Decision DEC-S2007-054
Since the complainants have failed to establish a prima facie case of discrimination I find that they were not discriminated against by the respondent on
Bernadette Treanor
Equality Officer
18th May 2007