Equal Status Acts 2000 - 2008
Decision DEC-S2009-075
Thomas and Ann Marie O'Neill
V
Cork County Council
Key words
Equal Status Acts - Direct discrimination, section 3(1)(a) - Traveller Community ground, section 3(2)(i) - Supply of goods and services, section 5(1) - Application for a Housing Transfer
1 Delegation under the Equal Status Acts
The complainants referred a claim to the Director of the Equality Tribunal under the Equal Status Acts, 2000 -2004. On the 12 December 2008, in accordance with her powers under section 75 of the Employment Equality Act, 1998 and under the Equal Status Acts, the Director delegated the case to myself, Brian O'Byrne, 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, 2000-2008 on which date my investigation commenced. As required by 25(1) and as part of my investigation, I proceeded to hearing on the 30 September 2009.
2 Background Note
On the evening prior to the Hearing, I received a call from the complainants' representative indicating that they had been in touch with him in recent days to state that they had been re-housed by Cork County Council recently and that they did not wish to pursue the complaint any further. He said that he had asked them to confirm this in writing to him but that they had not yet done so.
In response, I told the representative that the Tribunal would be reluctant to cancel the Hearing without having received formal notification that the complaint had been withdrawn. Accordingly, I said that, to ensure that the complaint was disposed of in one form or other on the day of the Hearing, that I proposed to leave the Hearing arrangements in place until the following morning on the understanding that I would deem the case withdrawn if the formal withdrawal notice was received prior to the Hearing commencing. Alternatively, if no formal withdrawal notice was submitted, I explained that it would be my intention to proceed with the Hearing and to find against the complainants in their absence.
Cork County Council were also made aware of these latest developments on the evening prior to the Hearing.
3 Hearing on 30 September 2009
Mr Michael Cremin, Senior Executive Officer, Housing Department arrived at 10am to represent Cork County Council at the Hearing. The complainants themselves were not in attendance.
As I still had not received any notification to the effect that the complaint had been formally withdrawn, I commenced the Hearing at 10.05am. I then explained that, in cases under the Equal Status Acts, the onus was on the complainants 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 at Hearing to afford them the opportunity to challenge any allegations made against them.
I also explained that, in the absence of Thomas and Ann Marie O'Neill to give evidence and allow the respondents to cross-examine them, it would be my opinion that their complaint had failed and that a decision to this effect should issue.
Accordingly, I indicated to Mr Cremin that there would be no need for him to give evidence at the Hearing. Mr Cremin acknowledged this but said that, for the sake of completeness, he would like to confirm that the complainants had indeed been re-housed recently by the Council.
At 10.15 am, I closed the Hearing stating that I proposed to issue a decision shortly on the lines of the above.
4 Decision
In accordance with Section 25(4) of the Equal Status Acts, 2000 to 2008, I issue the following decision. As part of my investigation under Section 25 of the Act, I am obliged to hold a hearing. 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 given at the hearing in support of the allegation of discrimination I conclude the investigation and find against the complainants.
Brian O'Byrne
Equality Officer
5 November 2009