Christopher O'Brien V Kranky Barbers
Equal Status Act, 2000 - Direct discrimination, Section 3(1)(a) - Traveller community ground, Section 3(2)(i) - Disposal of goods and supply of services, Section 5(1) - Prima Facie case.
1.1 This dispute concerns a claim by Christopher O'Brien that on 4 June 2002, he was treated in a discriminatory manner by the respondent. The complainant referred a claim to the Director of Equality Investigations under the Equal Status Act 2000. In accordance with her powers under section 75 of the Employment Equality Act 1998 and under the Equal Status Act 2000, the Director then delegated the case to me, Dolores Kavanagh, 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.
2. Summary of Complainants' Case
2.1 The complainant, a Traveller, stated in his written complaint that he was treated in a discriminatory manner by the respondent on 4 June 2002 when he took his two sons to the respondent premises for haircuts. The complainant claims that the respondent refused to cut the boys hair and that the reason for this is that they are Travellers.
3. Summary of Respondent's Case
3.1 The respondent denies that discrimination occurred.
4 Outcome of Hearing - Prima Facie Case
4.1. The complainant did not attend at the scheduled Hearing of his complaint on 3 October 2003. As the complainant was not present at the Hearing he has failed to establish a prima facie case of discrimination
As the complainant has not established a prima facie case of discrimination on the Traveller community ground I find that the complainant was not discriminated against on that ground contrary to Section 3(1)(a), and 3(2) of the Equal Status Act 2000 and in terms of Section 5(1) of that Act.
23 July, 2004