Complainant

Respondent

Anonymised Parties

{A Father}

{An Equestrian Centre}

Representatives

Stephen Brittain BL O' Scanaill & Co. Solicitors

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00044870-001

01/07/2021

The Complainant has two daughters that were attending the Respondent’s equestrian centre.

The Complainant alleges discrimination, harassment and victimisation on the grounds of family status in the provision of goods and services by the Respondent. The Respondents daughter who was eleven years old had a serious accident on the Respondent’s premises on 5th May 2021. The Complainant made a legitimate complaint regarding what had occurred to the Health and Safety Authority. On 6th May 2021, the Respondent then excluded the Complainant’s elder daughter from participation as she had a horse in the yard and livery.

The Respondent verbally abused and physically threatened the Complainant and his daughter demanding they do not proceed with a personal injury claim from the accident. On 13th May 2021, the Respondent gave two letters to the Complainant returning fees paid and informing him and his family that they are banned from the Equestrian Centre.

The Complainant sent a Form ES1 dated 20th May 2021 to the Respondent. The Complainant does not consent to his claim being heard with his daughter’s complaint today. She is not available for the hearing.

The Respondent denies the allegations of discrimination, victimisation and penalisation and says the complaint is misconceived.

The Respondent submits the Complainant has not been victimised pursuant to S3 (2) (j) of the Equal Status Act 2000 as amended as she has not applied for a determination or redress in Part II or III of the Act, attended as a witness in proceedings under the Act, given evidence in criminal proceedings under the Act, has given notice or opposed by lawful means an act which is unlawful under the Equal Status Act. The Complainant made a complaint to the Health & Safety Authority and initiated personal injury proceedings in respect of the accident. These do not give rise to a claim of victimisation under the Act. The claim by the Complainants of penalisation under the Safety, Health and Welfare at Work Act 2005 pursuant to S27 (1) of the Act, only applies in the context of an employment relationship.

The Complainant alleges “[t]hey are being victimised and penalised due to their family relationship with their daughter, which means that they are being discriminated against through their association with her.”  The Respondent submits this is incorrect as a matter of law.

S. 2 of the 2000 Act defines “family status” as follows:

“family status” means being pregnant or having responsibility—

(a) as a parent or as a person in loco parentis in relation to a person who has not attained the age of 18 years, or

(b) as a parent or the resident primary carer in relation to a person of or over that age with a disability which is of such a nature as to give rise to the need for care or support on a continuing, regular or frequent basis,

and, for the purposes of paragraph (b), a primary carer is a resident primary carer in relation to a person with a disability if the primary carer resides with the person with the disability...”

The Respondent says there is no claim of discrimination by virtue of the Complainant’s responsibilities for children or persons with a disability, and accordingly may not rely on this provision. The complaint should be dismissed.

I have heard and considered the submissions of the parties. I am anonymising my decision in this case as the complaint relates to alleged incidents involving the Complainants children.

The complaint was initially listed for hearing on 7th July 2022 when all parties attended, and submissions were made. The case was subsequently re-listed for hearing on 23rd November 2023 when there was no appearance by or on behalf of the Complainant and no reason has been provided for non-attendance. I am satisfied that the Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. 

In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I decide the complaint fails.

I decide the complaint fails.