ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00040001

Parties:

Complaint:

Date of Adjudication Hearing:  09/02/2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, andSection 25 of the Equal StatusAct, 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 complaint is the Respondent discriminated against the Complainant on the ground of membership of the Travelling Community when she tried to get service for dinner at the Respondent’s Gastro Pub. 

Summary of Complainant’s Case:

The Complainant and her mother and sister and two daughters came to the Respondent’s premises on 27th March 2022 for dinner around 6pm.  At first they were asked by a waitress if they wanted a table.  The Complainant went to the ladies toilet and when she came back, the daughters were sitting at the table.  Then a man who seemed to be the manager came to them and said there were no tables.  He was very aggressive and said there were no tables for them and that he knew all their tribes.  The Complainant and family were very upset at the aggressive and demeaning manner in which they were treated.  The Complainant stated that a customer waved ‘bye bye’ sarcastically at them.  She sent an ES1 form by registered post to the Respondent on 19th May 2022 but received no response.

Summary of Respondent’s Case:

The Respondent did not attend the hearing.

Findings and Conclusions:

The Complainant gave clear and cogent evidence of the alleged treatment received.   However, the Respondent is a licenced premises within the meaning of the Intoxicating Liquor Act 2003. Section 19 (2) of that Act provides that a person who claims that prohibited conduct on or at the point of entry of such a premises may apply to the District court for redress.

Section 19 (11) (a) states that the Equal Status Act, 2000 shall cease to apply as of the commencement of (Statutory Instrument) S.I. No. 362/2003 – Intoxicating Liquor Act 2003 (Commencement) Order 2003 on 18 August 2003.

This effectively transferred jurisdiction to the District Court in cases of alleged discrimination on or at the point of entry to a licenced premises.

On that basis, I do not have jurisdiction to make a determination as the complaint relates to a licensed premises.

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 do not have jurisdiction to make a determination as the complaint relates to a licensed premises.

Dated:   13th March 2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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