Mr. James McCarthy (Traveller Visibility Group Ltd) V The Licensee, Brennan's Bar (Cork)
Delegation under Equal Status Acts, 2000-2004
The complainants referred a claim to the Director of Equality Investigations on 9th October 2001 under the Equal Status Acts, 2000-2004. In accordance with her powers under section 75 of the Employment Equality Act, 1998 and 2004 and under the Equal Status Acts, 2000-2004, the Director then delegated the case to me, Marian Duffy, 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, 2000-2004.
1.1 The dispute concerns a claim by Mr. James McCarthy that he was discriminated against by Brennan's Bar, on the ground that he is a member of the Traveller Community, in that he was refused a service in the respondent's pub which is generally available to the public. The complainant alleged that the respondent discriminated against him in terms of Sections 3(1)(a), and 3(2)(i) of the Equal Status Acts, 2000-2004, contrary to Section 5(1) of that Act.
2 Summary of the Case
2.1 The complainant lodged his complaint with this Office on 9 October, 2001 and any correspondence received in connection with the matter was passed between the parties. A hearing of the cases was arranged for 21st of October, 2004. The complainants' representative Mr. David McCarthy TVG informed me that he was ill and would be unable to represent the complainant, but the complainant would attend. I sat to hear the cases on 21st of October, 2004 and neither the complainant nor the respondent attended the hearing. Both parties were notified of the hearing by registered post.
3. Conclusions of the Equality Officer
3.1 The burden of proof is on the complainant to establish a prima facie case of discriminatory treatment and he must therefore appear to give evidence to the Tribunal. In this case I am satisfied that the complainant had adequate notification that the hearing was taking place on 21stOctober, 2004. In the circumstances I find that the complainant has failed to establish a prima facie case of discriminatory treatment.
4.1 I find that the respondent did not discriminate against the complainant contrary to Section 3(1)(a), and 3(2)(i) of the Equal Status Act 2000 and in terms of Section 5(1) of that Act.
15 November, 2004