ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005652
Complaint(s):
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 |
CA-00007358-001 | 04/10/2016 |
Date of Adjudication Hearing: 24/04/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Location of Hearing: The Radisson Blu Hotel, Limerick
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant alleged that a breach of the Act took place as a result of her being a member of the Travelling Community. |
Summary of Complainant’s Case:
On February 26th 2016 the Complainant alleged that she was approached by a Shop Assistant and told that the next time “her friend should pay for the bar”. She alleged this conduct is prohibited under the Act and it was a direct result of the Complainant being part of the Travelling Community |
Summary of Respondent’s Case:
The Respondent objected to the Adjudicators jurisdiction under the Equal Status Act 2000 and claimed as the alleged discrimination took place on or near the entrance to a Licenced Premises that the correct jurisdiction for the Hearing of the claim is in the District Court under Section 19(2) of the Intoxicating Liquor Act 2003 rather than the WRC. Section 19.2 of the Intoxicating Liquor Act 2003 states the following” A person who claims that prohibited conduct has been directed against him or her on, or at the point of entry to, licenced premises may apply to the District Court for redress.”
|
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
The relevant provisions of Section 19.1 states as follows;
“Act of 2000” means the Equal Status Act 2000 ; |
“Authority” means the Equality Authority; |
“Court” means the District Court; |
“discrimination” means discrimination within the meaning of the Act of 2000, but does not include discrimination in relation to— |
(a) the provision of accommodation or any services or amenities related to accommodation, or |
(b) ceasing to provide accommodation or any such services or amenities; |
“prohibited conduct” means discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of a person in contravention of Part II (Discrimination and Related Activities) of the Act of 2000 on, or at the point of entry to, licensed premises. |
Section 19.(2) A person who claims that prohibited conduct has been directed against him or her on, or at the point of entry to, licensed premises may apply to the District Court for redress. |
Section 11.(a) The Act of 2000 shall cease to apply in relation to prohibited conduct occurring on, or at the point of entry to, licensed premises on or after the commencement of this section.
Section 11.(b) Claims relating to prohibited conduct so occurring before such commencement shall be dealt with as if this Act had not been passed”.
Section 19 of the of the Intoxicating Liquor Act 2003 is clear that the Equal Status Act of 2000 does not apply to prohibited conduct on, or at the point of entry, to licenced premises. The Complainant confirmed in her evidence that the alleged prohibited action took place at the entrance to the licenced premises. Therefore, given Section 19 of the Intoxicating Liquor Act 2003, I do not have jurisdiction to make a determination on this claim. As the alleged incident took place on February 26th 2016 I have no jurisdiction to deal with the claim as it occurred after the 2003 legislation was passed and came into force.
Dated: 09/06/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Discrimination |