Mr. Brian Roche
V
The Beaumont House
Mr. Roche referred a claim of discrimination on all grounds in the Act with the exception of 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.
Summary of the Complainant's case
Mr. Roche alleges that since he moved to the area in 1976 people have been intimidating him. He believes that whenever a person touches their nose this is an act of intimidation against him. He believes that people generally have been told to do this on him although he was unable to identify who may be coordinating this. It happens everywhere, on the buses, in shops, on the street etc. This intimidation has been going on in the Beaumont house also. In 2003 he alleges the staff began to contaminate his drinks. He could never be quite sure if each drink was contaminated or not but he believes that they were trying to poison him. The staff also touched their noses while getting his drinks. Each time this was an act of intimidation against him in addition to being unhygienic. The staff also continuously touched him 'on the backside'. They were doing this so that he would react and they could bar him. Mr. Bertie Aherne, Taoiseach, also took part in this intimidation against Mr. Roche as he also touched his nose while in the respondent premises. Mr. Roche went to the Gardai to report the matters and when he came out of the light of the Garda station into the darkness a Garda car attempted to run him over.
Summary of the Respondent's Case
Mr. Carew of the Beaumont House stated in evidence that he had never seen the complainant before the day of the hearing. He stated that his staff were not in the habit of behaving in the manner described by Mr. Roche. He denied that any of the incidents took place.
Conclusions of the Equality Officer
Mr. Roche was unable to give any of the dates for these incidents. He lodged the claim on all grounds with the exception of the Traveller ground but at the hearing was unable to provide information which would suggest that any unfavourable treatment was based on one of the grounds. The complainant ultimately stated that he was the only recipient of the alleged treatment and that while it was not because of the any of the grounds mentioned in the Act it was still discrimination.
The hearing did not deal with the matters mentioned by the complainant relating to the Gardai since they were not relevant to the respondent. In my opinion this complaint was misconceived in terms of Section 22 but without the delegation of power to dismiss a case under this Section I must decide the case.
I find that the complainant has not established a ground in Section 3(2) the Equal Status Act 2000 upon which a complaint might be founded. I find that he has failed to establish a prima facie case of discrimination.
Decision DEC-S2007-077
As the complainant has failed to establish a prima facie case of discrimination this decision is in favour of the respondent.
Bernadette Treanor
Equality Officer
15th November 2007