Equality Officer Decision
DEC-S2008-100
John McDonagh(represented by Oliver Roche & Co. Solicitors)
v
Laraville Properties Limited t/a The Roost(represented by Arthur Cox)
Delegation under Equal Status Acts, 2000-2004
The complainants referred a claim to the Director of the Equality Tribunal under the Equal Status Acts, 2000. On 10th June 2008, in accordance with her powers under section 75 of the Employment Equality Act, 1998 and under the Equal Status Acts, 2000-2004, the Director delegated the case to me, Marian Duffy, 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 Acts, 2000-2004, on which date my investigation commenced. As required by Section 25(1) and as part of my investigation, I proceeded to hearing on 17th November 2008.
1. Dispute
1.1 The dispute concerns a claim by John McDonagh that he discriminated against on the Traveller community ground. The complainant alleged that the respondent discriminated against him in terms of Sections 3(1)(a), and 3(2)(i) of the Equal Status Acts, 2000 - 2004 contrary to Section 5(1) of that Act in that he was refused further service in the respondent’s pub. The respondent denies the allegation of discrimination and submitted that the complainant had consumed a number of drinks and was loud and aggressive and hence the reason for the refusal.
2. Summary of the Case
2.1 This case was listed for hearing before me on 14th August 2008 and it was subsequently adjourned at the request of both parties. By notice dated 29th July 2008, I listed the case again for hearing on the 7th of October 2008 and the respondent and his solicitor attended. There was no appearance by the complainant or his solicitor. The complainant’s solicitor’s office stated that the notification of the hearing was not received. By letter dated 20th October 2008, issued by registered and ordinary post, the matter was set down for hearing again on 17th November 2008.
I sat on 17th November 2008 and I opened the hearing. The respondent and his solicitor were present, but there was no appearance by the complainant or his solicitor.
3. Conclusion of Equality Officer
3.1 I am satisfied that the registered notification of the hearing was delivered to the solicitor’s office on 22nd of October 2008. Consequently I find that the complainant had notification of the hearing. I concluded the investigation and hearing of the matter and as no evidence was presented in support of the allegation of discrimination at the hearing my finding under section 25(4) is not in favour of the complainant.
4. Decision
4.1 In accordance with Section 25(4) of the Equal Status Acts, 2000 – 2004, I issue the following decision: as part of my investigation under Section 25 of the Act, I am obliged to hear all interested persons, I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25(1) has ceased. As no evidence was presented in support of the allegation of discrimination at the hearing, I conclude the investigation and I find against the complainant.
___________________
Marian Duffy
Equality Officer
20th November, 2008