The Equality Tribunal
3 Clonmel Street
Dublin 2.
Phone: 353 -1- 4774100
Fax: 353-1- 4774141
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Website: www.equalitytribunal.ie
Equal Status Acts
2000-2008
EQUALITY OFFICER'S DECISION
NO: DEC-S2011-50
PARTIES
Ms Bridget Stokes and Ms Kathleen Stokes
- V -
Nally's Supervalu
File references: ES/2010/037&38
Date of issue: 9 November 2011
Keywords
Equal Status Acts 2000-2008 - Discriminatory Treatment - Membership of Traveller community - No Prima facie case
1. Dispute
1.1. This dispute concerns a claim by Ms Bridget Stokes and Ms Kathleen Stokes
(hereafter "the complainants") that they were subjected to discriminatory treatment contrary to the Equal Status Acts by Nally's Supervalu (hereafter "the respondent") on the ground of their membership of the Traveller community.
1.2. The complainants referred their claims of discrimination to the Director of the
Equality Tribunal on 12 March 2010 under the Equal Status Acts. On 2 Aug 2011,
in accordance with his powers under section 75 of the Acts, the Director then delegated the cases to Elaine Cassidy - an Equality Officer - for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts on which date my investigation commenced. As required by Section 25 and as part of my investigation, I proceeded to hearing on 8 November 2011.
2. Case for the complainant
2.1. Both parties were advised of the date of the hearing by registered post and ordinary post on 3 August 2011. The respondent was present, but the complainants did not attend the hearing. The hearing was opened and adjourned for 30 minutes, in accordance with normal procedure, to give the complainants an opportunity to attend. The complainants did not appear after 30 minutes and so the hearing was closed. No contact was made by them to explain their absence. Prior to the hearing, the solicitor for the complainants informed the Tribunal that he had made several attempts to contact his clients but he had been unsuccessful. Therefore he informed the Tribunal that he was coming off record and that he had sent the entire file to the complainants directly, should they wish to proceed with the matter without legal representation.
3. Decision
3.1. 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 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 25(1) to hear the interested persons has ceased. As no evidence was given at the hearing I find that no evidence of discrimination was presented. Accordingly, I conclude the investigation and find against the complainant.
______________
Elaine Cassidy
Equality Officer
9 November 2011