ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007237

Parties:

	Complainant	Respondent
Anonymised Parties	A Complainant	A Licensed Premises

Representatives

Rep. by Arthur Cox Solicitors

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-00009795-001	19/02/2017

Date of Adjudication Hearing: 07/11/2017

Workplace Relations Commission Adjudication Officer: Valerie Murtagh

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 25 of the Equal Status Act, 2000, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

This complaint was referred to the Director of the WRC on 19 February 2017 under the Equal Status Acts alleging discrimination on grounds of race in relation to access to a service.

Summary of Complainant’s Case:

The complainant is a Polish national. She alleges that she was discriminated against on grounds of race in relation to access to a service. In this regard, she asserts that she was not served drinks at the respondent’s premises and was rudely escorted from the premises thereafter. She maintains that this was discrimination against her on grounds of her Polish nationality.

Summary of Respondent’s Case:

The respondent denies the allegations of discrimination and states that the complainant was not served drinks on the basis of using foul and abusive language to the bar manager on duty on the evening in question which was a very busy Saturday night. In addition, it states that as a result of her shouting obscenities to the manager, she was refused drinks and subsequently she was escorted off the premises by a member of security.

Findings and Conclusions:

Having adduced the evidence in the instant claim, I find that in accordance with Section 19 of the Intoxicating Liquor Act, 2003; I have no jurisdiction to investigate this claim. In that regard, the respondent is covered by an Ordinary Seven Day Publican’s Licence and falls under the jurisdiction of the District Court. Section 19 of the Intoxicating Liquor Act states;

*19.*—(1)
		“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.
		(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.

In the circumstances, the within claim is inadmissible under the Equal Status Acts.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

I find that I have no jurisdiction in relation to the complainant’s claim of alleged discrimination as it is outside the scope of the Equal Status Acts.

Dated: 15/01/18

Workplace Relations Commission Adjudication Officer: Valerie Murtagh

Key Words:

Race ground, no jurisdiction, Intoxicating Liquor Act