THE EQUALITY TRIBUNAL
EQUAL STATUS ACTS 2000-2008
Decision DEC - S2011-044
PARTIES
Michael McDonagh
and
Bunratty Castle Hotel
File References: ES/2010/025
Date of Issue: 17th October, 2011
Key Words
Equal Status Acts, 2000 to 2008 - Direct discrimination, Section 3(1) - less favourable treatment, Traveller community Ground - Section 3(2)(i), no prima facie case, failure to attend - finding against the complainant
Delegation under Equal Status Acts, 2000 to 2008
The complainant referred a complaint to the Director of the Equality Tribunal under the Equal Status Acts, 2000 to 2008 on the 22nd February, 2010. On the 13th September, 2011 in accordance with his powers under section 75 of the Employment Equality Act, 1998 to 2008 and under the Equal Status Acts, 2000 to 2008 the Director delegated the case to me, Enda Murphy, 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 to 2008 on which date my investigation commenced. As required by Section 25(1) and as part of my investigation, I proceeded to hearing on the on the 13th October, 2011.
1. Dispute
1.1 The dispute concerns a complaint by the above-mentioned complainant that he was discriminated against by the respondent on the Traveller community ground contrary to Section 5 of the Equal Status Acts, 2000 to 2008 in terms of his application for membership of the hotel's gym.
2. Summary of the Case
2.1 As part of my investigation of this complaint, I notified the parties by ordinary and registered post on 13th September, 2011 that a hearing would take place on the 13th October, 2011. I am satisfied that the complainant was notified that the hearing of the complaint was scheduled to take place on this date.
2.2 When I proceeded to open the hearing at 10:30 a.m., the complainant was not in attendance and no request for an adjournment or postponement was received in advance of the hearing. The respondent was in attendance at the hearing. I made contact with the Equality Tribunal Secretariat to check if any communication had been received from the complainant regarding his failure to attend the hearing. No such communication had been received. I reconvened the hearing at 10.55 a.m. and I outlined that, as the complainant failed to attend the hearing in person that I was bringing the hearing to a close and a decision would issue shortly.
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 Section 25(1) has ceased. As no evidence was presented in support of his allegation of discrimination at the hearing, I conclude the investigation and I find against the complainant.
_________________
Enda Murphy
Equality Officer
17th October, 2011