Kathleen Williamson
V
Scannell's Pub, Clonakilty
Background Note
On 20 July 2007 both parties were formally notified that the Hearing of the complaint would take place on Wednesday 5 September 2007 in Jury's Inn Hotel, Cork. Within a fortnight of the above date, Mrs Williamson contacted the Equality Officer by phone confirming that she had received notice of the Hearing and seeking some general information regarding the structure of an equality hearing.
At 10.00 am on Wednesday 5 September 2007, the respondent arrived for the Hearing with his solicitor, as arranged. As there was no sign of the complainant, I indicated that I would defer commencement of the Hearing for 45 minutes in case she had been delayed.
When the complainant had not appeared by 10.45 am, I convened the Hearing as I was satisfied that the complainant was aware of the Hearing date.
At the Hearing, I explained that, in cases under the Equal Status Acts, the onus was on the complainant to provide evidence establishing a prima facie case and that it was essential, in the interests of natural justice and fair procedures, that such evidence is provided in the presence of the respondents to afford them the opportunity to challenge any allegations made against them.
I also explained that, in the absence of Kathleen Williamson to give evidence and allow the respondents to cross-examine her, it would be my opinion that her complaint fails and that a decision to this effect should issue.
At 11.00 am, I closed the Hearing stating that I proposed to issue a decision shortly on the lines of the above.
Decision
In complaints such as this, the onus is on the complainant to establish a prima facie case by appearing at the Hearing to give evidence. As the complainant in this case did not attend on 5 September 2007, and I am satisfied that she was formally notified of the Hearing date, I find that her complaint fails and I find in favour of the respondent in the matter.
Brian O'Byrne
Equality Officer
31 October 2007