Kathleen Butler
V
Midleton Town Council
1. Dispute
Ms Butler argues that Midleton Town Council discriminated against her contrary to the provisions of the Equal Status Act on the Traveller ground when it failed to make her an offer of local authority housing on 8 June 2004.
2. Preliminary matter
Midleton Town Council contends that it nor its staff can be accused of discrimination as offers of tenancy, or a failure to offer one, are based on assessments, procedures and recommendations made outside the Midleton Town Council's core staff. Section 42(2) of the Equal Status Acts 2000 to 2004 provides for vicarious liability: "Anything done by a person as an agent for another person, with the authority (whether express or implied or whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that other person." I am therefore satisfied that Midleton Town Council is the correct respondent in this matter.
3. Hearing
A hearing was scheduled to take place in Cork on 19 November 2007. Both parties confirmed with this office that they would be attending. The respondent was present at 10.00 as requested. I attempted to contact the complainant on her mobile phone but to no avail. At 10.25 I informed the respondent that I was closing the hearing and that a decision would issue in due course with 42 days to appeal it.
4. 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 she 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