DEC-S2008-035 - Full Case Report

Equal Status Act 2000

EQUALITY OFFICER’S DECISIONS NO:  DEC-S2008-035

Mr Philip Querney

V

McGowan’s Public House

Keywords

Equal Status Act 2000 – Discrimination, section 3(1) – Disability ground, section 3(2)(g) – Disposal of goods and provision of services, section 5(1) – refusal access to premises – failure to attend a hearing

1.     Delegation under the Equal Status Act 2000

1.1.  Mr Philip Querney referred a claim to the Director of the Equality Tribunal under the Equal Status Act 2000 on 26 September 2003. In accordance with her powers under section 75 of the Employment Equality Act, 1998, the Director then delegated the case to me, Tara Coogan, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under part III of the Equal Status Act on 11 April 2008. A hearing was arranged for 4 June 2008.

2.     Dispute

2.1.  The dispute concerns a complaint by Mr Querney that he was treated contrary to section 5(1) by the respondent, McGowan’s Public House, when he was refused entry to their premises on an unspecified date in May 2003 and again on 30 June 2003.  

3.     Hearing

3.1.  A hearing was scheduled to take place in the Equality Tribunal on 4 June 2008. Neither party attended. As I had received confirmation from both parties that they would be attending on the day, including a request for ISL interpreters from the complainant, I am satisfied that the parties were under notice.    

4.     Decision   

4.1.  The onus rests with the complainant to establish a prima facie case by appearing at the hearing and setting out the facts supporting a claim of discrimination. As the complainant failed to attend the hearing, and I am satisfied that he was formally notified, I find that the complainant has failed to establish a prima facie case of discrimination. Therefore, I find in favour of the respondent and the complaint fails.

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Tara Coogan

Equality Officer

10 June 2008