EQUAL STATUS ACTS
DECISION NO. DEC-S2017-018
PARTIES
Mr. Patrick McDonagh
-v-
City Cinemas Limited t/a IMC Santry
FILE NO: es/2014/0057
Date of issue: 23rd of May 2017
1. Dispute
1.1 This dispute involves claims by the complainant that that he was discriminated against by the respondent, on grounds of membership of the Traveller Community when he was refused access to the cinema. There is also a claim of discrimination by association on grounds of membership of the Traveller Community.
2. Background
2.1 The complainant referred a complaint against the above respondent under the Employment Equality Acts 1998 to 2015 to the Equality Tribunal on the 20th of March, 2015.
2.2 In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2015 the Director delegated the case on the 25th of April 2017 to me, Orla Jones Adjudication/Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts. This is the date I commenced my investigation. Written submissions were received from both parties. As required by section 79(1) of the Acts and, as part of my investigation, I proceeded to a hearing on the 19th of May, 2017.
2.3 On the day of the hearing, the complainant was not in attendance.
2.4 This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.
3. Decision
3.1 As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I am satisfied that the complainant received notification of the hearing arrangements. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination and/or discrimination by association I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.
3.2 In light of the foregoing, I issue the following decision. I have investigated the above complaint and make the following decision in accordance with section 79 of the Employment Equality Acts and section 41 (5) (a) (iii) of the Workplace Relations Act 2015 that:
The complainant has failed to establish a prima facie case of discrimination on grounds of membership of the traveller community in relation to this matter.
The complainant has failed to establish a prima facie case of discrimination by association on grounds of membership of the traveller community in relation to this matter.
__________________
Orla Jones
Adjudication Officer/Equality Officer
23rd of May 2017