Mr. Paddy Donoghue & Mrs. Ellen Donoghue
(represented by Michael McDarby & Co., Solicitors)
V
The Bodhran Public House
1. Dispute
1.1 The dispute concerns claims by Paddy & Ellen Donoghue that they was discriminated against by the Bodhran Public House on the Traveller community ground, in that he was refused a service which is generally available to the public. The complainant alleges that the respondent discriminated against him in terms of Sections 3(1)(a), and 3(2)(i) of the Equal Status Act, 2000 contrary to Section 5(1) of that Act.
2 Summary of the Case
2.1 The complainants alleged in their written complaint to the Tribunal that they were discriminated against on the Traveller community ground when they were told that they could have only one drink and then they would be asked to leave. There was no response to the complaint from the respondent.
The case was set for hearing on 11th September 2007. The complainant and his legal representative did not attend the hearing. The respondent did not attend either.
3.Conclusions of the Equality Officer
3.1 The complainant's representative Michael McDarby & Co., Solicitor was notified on the 8th of August 2007 that the hearing in this case was scheduled to take place on the 10th of September 2007 and they were requested to confirm attendance. No response was received. The Tribunal telephoned the complainants' solicitor's office on Friday the 7th of September 2007 and left a message for the solicitor to confirm attendance at the hearing. No response was received. The Tribunal sat on Monday 10th September 2007 and neither party attended. The Tribunal then contacted the complainants' solicitor who confirmed that they had received notification of the hearing. The Tribunal was also informed by the solicitor's office that there were some outstanding issues between the solicitor and the complainants and the solicitor would not be attending the scheduled hearing. I am satisfied from this information that the complainants through their solicitor was on notice of the hearing. As there was no appearance by the complainants and as they have failed to provide a satisfactory reason for their non-attendance, I find that they have failed to establish a prima facie case of discriminatory treatment and accordingly I dismiss the complaint.
4. Decision
4.1 On the basis of the foregoing I find that the complainants were not discriminated against by the respondent on the Traveller community ground contrary to Section 3(1) and 3(2)(i) of the Equal Status Act, 2000 and in terms of Section 5(1) of that Act.
_________________
Marian Duffy
Equality Officer
19th October 2007