Philomena Maughan
V
Heatons Ltd
Castlebar
1. Dispute
The dispute concerns a complaint by Ms Maughan that she was discriminated against on the grounds of age and membership of the Traveller community contrary to the Equal Status Acts 2000 to 2004 when she was denied entry to Heatons store in Castlebar, Co. Mayo on 11 December 2004.
2. Hearing
A hearing was scheduled for 30 October 2007. Formal notification was sent to both parties on 15 September 2007. The complainant's representatives informed the Tribunal on the morning of the hearing that the representative would not be attending for personal reasons but that the complainant would be present. The respondent and his witness were present at 10.30 as scheduled. At 11 am the Tribunal attempted to contact the complainant via her representative's office but to no avail. At 11.05 I closed the hearing by informing the respondent that a decision would be issued in due course with 42 days to appeal it.
3. Decision
The onus rests with the complainant to establish a prima facie case by appearing at the hearing. As the complainant failed to attend the hearing, and I am satisfied that the complainant's legal representative was formally notified of the hearing date, I find that the complainant has failed to establish a prima facie case of discrimination. Therefore I find in favour of the respondent.
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Tara Coogan
Equality Officer
29 November 2007