Complainant

Respondent

Anonymised Parties

A complainant

A Kerry based hotel

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00010009-001

02/03/2017

The complainant, referred a complaint under the Equal Status Acts, 2000-2015 to the Equality Tribunal on the 2^nd of March 2017.     It is alleged that the complainant along with members of her family entered the respondent’s premises on the 30^th of October 2016 where a member of the respondent’s staff refused them access to the bar and carvery area stating that there was a private function taking place.  The complainant submits that the refusal of access took place due to the fact that they are members of the Traveller community.

In accordance with his powers under section 75 of the Employment Equality Acts, 1998-2015 and under the Equal Status Acts, 2000-2015, the Director delegated the case to me Orla Jones, an Adjudication/Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under III of the Equal Status Acts, 2000-2015. Written submissions were received from both parties.   As required by Section 25(1) and as part of my investigation, I proceeded to a Hearing on the 12th of July, 2017. The complainant did not attend the scheduled hearing. The complainant’s representative attended the hearing and requested an adjournment on the basis that the complainant was out of the country travelling on the day of the hearing.     The complainant had been issued with a notification of the hearing date on the 23^rd of May 2017 almost eight weeks in advance of the hearing date.     This notice of hearing stated that “postponement of the hearing will only be granted in exceptional circumstances and for substantial reasons”.      Having considered the request for an adjournment and the reasons advanced for such request I decided not to grant the request for an adjournment.    

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 84 of the Workplace Relations Act 2015.

As part of my investigation under Section 25 of the Act, I am obliged to hold a hearing.   I am satisfied that the complainant was notified 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 25 has ceased.   As no evidence was given at the hearing in support of the allegation of discrimination, I find that the complainant has failed to establish a prima facie case and the complaint therefore fails.

In light of the foregoing,   I issue the following decision. I have investigated the above complaint and make the following decision.     I find that

(i)            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.