Complainant

Respondent

Parties

James (A Minor) Casey

Kingdom Investments Limited T/a The Heights Hotel

Representatives

Una Glazier-Farmer B.L. instructed by Conor Myles, Solicitor

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00010435-001

27/03/2017

The complainant, referred a complaint under the Equal Status Acts, 2000-2015 to the Workplace Relations Commission on the 27th of March 2017.     It is alleged that the complainant, along with members of his family, was refused access to the respondent’s bar and restaurant on the 27th of November, 2016.   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 15th of February, 2018. The complainant did not attend the scheduled hearing.    

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.