ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015106
Parties:
| Complainant | Respondent |
Anonymised Parties | A Customer | A Licensed Premises |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00019651-001 | 08/06/2018 |
Date of Adjudication Hearing: 15/01/2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000, and 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:
The complainant has a disability and claims that he was discriminated against on the disability ground contrary to the Equal Status Act when he was refused a service in the respondent’s premises. The respondent submits that I have no jurisdiction in the matter as the respondent’s bar is licensed premises. |
Summary of Complainant’s Case:
The complainant said that he has an acquired brain injury causing him difficulties with his speech, actions and memory. He attended the bar on the 9th of February 2018 seeking a drink. The barman refused him telling him he had enough to drink and was requested to leave. He submits he was discriminated. |
Summary of Respondent’s Case:
The respondent’s bar is a licensed premises and the respondent’s barrister submitted that I have no jurisdiction in the matter. Section 19 of the Intoxicating Liquor Act, 2003, regarding redress for alleged discrimination in licensed premises, grants jurisdiction in the matter to the District Court. |
Findings and Conclusions:
Section 19(11)(a) of the Intoxicating Liquor Act, 2003 states: “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 19(1) provides: “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 19(1) (b) defines prohibited conduct as “discrimination against, or sexual harassment or harassment of, or permitting the harassment or sexual harassment of a person in contravention of Part 11 (Discrimination and Related Activities) of the Act of 2000 on, or at the point of entry to, a licensed premise”. The complainant was seeking a service in a licensed premises. The Intoxicating Liquor Act provides that redress in respect of discriminatory treatment on any of the grounds under the Act of 2000 may be sought from the District Court. I therefore do not have jurisdiction to consider the complaint of discriminatory treatment on the disability ground contrary to the Equal Status Act 2000. |
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.
I find that I have no jurisdiction to hear the complaint. |
Dated: 1st February 2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Equal Status Act, 2000, The Intoxicating Liquor Act 2003. |