THE EQUALITY TRIBUNAL
EQUAL STATUS ACTS 2000-2008
Decision No. DEC-S2011-022
Owen and Mary Collins
-v-
Mayo County Council
(represented by John Jordan B.L. instructed by King and McEllin Solicitors)
File Reference: ES/2011/0079 and ES/2011/0085
Date of Issue: 20th June 2011
Key words: Equal Status Acts, Member of Traveller community, Discrimination, Non-attendance at hearing.
Delegation under the relevant legislation
This case concerns a complaint by Mr Owen Collins and Ms Mary Collins that they were discriminated against by Mayo County Council on the Traveller community ground contrary to 5(1) of the Equal Status Acts 2000 - 2008 [hereinafter referred to as 'the Acts']. .On 4th August 2009 the complainants referred a claim to the Director of the Equality Tribunal under the Acts. On 7th June 2011, in accordance with his powers under section 75 of the Employment Equality Acts 1998 -2008 and under these Acts, the Director delegated the case to me, Orlaith Mannion, 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. This is the date that my investigation commenced. As required by Section 25(1) and as part of my investigation, I proceeded to hearing on 15th June 2011.
Conclusions of the Equality Officer
Non-attendance of the complainants
The parties were notified of the date of the hearing, by registered post, on 22nd March 2011. I am satisfied that all reasonable efforts had been made to inform the complainants of the hearing. However, they did not attend the hearing. In the light of the foregoing and in accordance with Section 25(4) of the Act I issue the following decision:
As part of my investigation under Section 25 of the Acts, I am obliged to hold a hearing. I find that the failure of Owen Collins and Mary Collins to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination in relation to these complainants, I conclude the investigation of their complaints and find against the complainants.
_______________
Orlaith Mannion
Equality Officer