Mr Charles McDonagh
(Represented by MacGuill and Company Solicitors)
-v-
Mr P.J. Martin
1. Delegation under the Equal Status Act 2000
1.1. Mr Charles McDonagh referred a claim to the Director of the Equality Tribunal under the Equal Status Act 2000. In accordance with her powers under section 75 of the Employment Equality Act, 1998, the Director then delegated the case to me, Tara Coogan, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under part III of the Equal Status Act.
2. Dispute
2.1. The dispute concerns a complaint by Mr McDonagh that Mr Martin discriminated against him on either or all of the following grounds:
1) Marital Status
2) Family Status
3) Membership of the Traveller Community
contrary to the Equal Status Act 2000 on 16 May 2003 when Mr McDonagh was given a notice to quit the property owned by Mr Martin.
3. Hearing
3.1. A hearing was scheduled to take place in Carrickmacross, Co Monaghan on 16 January 2008 at 10.30 am. The respondent attended. I attempted to contact the complainant's legal representative by phone at 10.50 am. Their reception informed me that the hearing was noted in their diary but that they were not sure if anyone was attending. By 11.07 I informed the respondent that I was closing the hearing and that a decision would issue in with 42 days to appeal it.
4. Decision
4.1. 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 his legal representative was formally notified, I find that the complainant has failed to establish a prima facie case of discrimination. Therefore I find in favour of the respondent.
______________
Tara Coogan
Equality Officer
18 January 2008