Mr. Thomas McDonagh
(represented by Michael McDarby & Co., Solicitors)
V
David Tarpey, Corner House Public House
(P O'Connor & Son, Solicitors)
1. Dispute
1.1 The dispute concerns claims by Thomas McDonagh that he was discriminated against by the Corner House 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 complainant alleged in his written complaint to the Tribunal that he was discriminated against on the Traveller community ground when he was refused access to the respondents premises on 22nd August 2002. In response the respondent denied the allegation.
The case was set for hearing on 12th September 2007. The complainant and his legal representative did not attend the hearing. The respondent's legal representative attended.
3 Conclusions of the Equality Officer
In a letter to the Tribunal dated 11th September 2007, the complainant's legal representative stated that the complainant would be in attendance at the hearing and that he would be representing himself. I am satisfied from this letter that the complainant was on notice of the hearing. As there was no appearance by the complainant and as he has failed to provide a satisfactory reason for his non-attendance, I find that he has failed to establish a prima facie case of discriminatory treatment and accordingly I dismiss his complaint.
4. Decision
4.1 On the basis of the foregoing I find that the complainant was 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
28th September, 2007