Trevor & Julia McCarthy (Represented by TVG) V Geaney's Bar (Represented by VFI)
Trevor and Julia McCarthy each referred a claim of discrimination on the grounds of membership of the Traveller community 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. These cases were scheduled for hearing on 14/7/2004. On checking with the parties to the complaints on the day before the scheduled hearing, in order to confirm attendance, the respondent indicated that he was unable to attend and requested an adjournment. A suitable date, 20/7/2004, was identified for the following week. This new date was acceptable to the complainants. The Equality Officer agreed to adjourn the hearing:
- As the new date for hearing was acceptable to all parties,
- An adjournment would not constitute any great delay in respect of the progression
- Based on the reason presented for the adjournment.
On 20/7/2004 the respondent arrived with his representative but the while the complainants' representative arrived, the complainants themselves did not. Therefore no evidence was presented in support of their complaints of discrimination.
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 respondent Geaney's Bar did not discriminate against the Complainants on 1/1/2002.
14 September 2004