Michael & Margaret McCarthy (Represented by Noonan, Linehan, Carroll, Coffey on behalf of the Equality Authority) V The Laneway Bar, Cork (Represented by Martin A. Harvey & Co., Solicitors)
The complainants each 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, the Director then delegated the cases to me, Bernadette Treanor, 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.
The complainants' representative attended the hearing, as scheduled, without his clients and indicated the attempts he had made to contact them. He had written to them, telephoned a mobile number and landline number, and ultimately he had enlisted the help of a local Traveller representative group. He was aware that contact had been made with members of the complainants' family. He stated that he was satisfied that the complainants were aware of the scheduled hearing but that he had no instructions as to how to proceed. The respondent's representative was advised shortly before the hearing that this was the case and the respondent elected not to attend the hearing.
Conclusions of the Equality Officer
As the complainants failed to present evidence in support of their claims, I find that they have failed to establish a prima facie case of discrimination on the Traveller Ground. Therefore the respondent has no case to answer.
I find that the complainants were not discriminated against by the Laneway Bar on the Traveller ground on 30/12/2000.
13 October 2004