Michael and Ellen Nevin V The Cellar Bar (Represented by Connellan Solicitors)
Complaint under the Equal Status Act 2000
DEC - S2005-170-171
Michael and Ellen Nevin 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 cases were delegated to me on 5th September 2005 and on 20th September 2005 I wrote to the Parties informing them that the oral hearing of the case would take place on 26th of October 2005.
The complainants failed to appear at the hearing. On that basis I find that they have failed to establish a prima facie case of discrimination on the Traveller ground.
The respondent was present at the hearing in order to present a defence. Since the complainants did not appear no evidence was taken.
Since the complainants have failed to establish a prima facie case of discrimination I find that the complainants were not discriminated against by the respondent on 31/12/2002.
11 November 2005