ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026369
Parties:
| Complainant | Respondent |
Parties | Ann Pratt | The Half Door Bar and Restaurant Limited |
Representatives | Caitriona Dwane, Solicitor | Jack Hickey, B.L. |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00033665-001 | 09/01/2020 |
Date of Adjudication Hearing: 31/08/2021
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 25 of the EqualStatus 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:
The complainant contends that she was refused service by the Owner/Manager of the business, on the grounds that she is a member of the Traveller Community. |
Summary of Complainant’s Case:
The Complainant’s solicitor submitted that the complaint was properly before the Adjudication Officer and cited ADJ-00004774 in support of that submission. In that case, the Adjudication Officer found that the complaint referred was properly before him and he awarded compensation in the case. The Complainant and her husband separately gave evidence regarding an incident on 21 August 2019 when they were refused service on the Respondent’s premises. |
Summary of Respondent’s Case:
The Respondent’s legal counsel agreed that the case should be heard and saw no impediment to proceeding on the day. The Owner/Manager and the employee who dealt with the Complainant and her husband on the day separately gave evidence. The customer who was hosting a funeral lunch on the day also gave evidence. The evidence from the parties was that there was a funeral lunch on the day and the premises was full and there was no food left and that the refusal of service was not on the grounds of membership of the Traveller community or any other ground of discrimination. |
Findings and Conclusions:
I have reviewed the matter of jurisdiction in this case and find that the decision cited ADJ-00004774 is not on all fours with this instant case, involving as it did a matter of admittance to a Hotel restaurant. In this case, the complaint was submitted under Section 21 of the Equal Status Act 2000 that prohibited conduct is alleged to have occurred and directed against the Complainant on the grounds that she is a member of the Traveller Community. Section 19 of the Intoxicating Liquor Act 2003 provides inter alia “Act of 2000” means the Equal Status Act 2000 (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. – and – (11) (a) 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.” I find that in this instant case, the alleged prohibited conduct was directed against the Complainant on the licensed premises and the Equal Status Act of 2000 does not apply. I therefore decline jurisdiction in the matter. |
Decision:
The Equal Status Act 2000 does not apply in this case and I have decided I do not have jurisdiction in the matter.
Dated: 6th October 2021
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Jurisdiction declined. Equal Status Act does not apply. |