Bernard McDonagh (Represented by Michael McDerby & Co. Solicitors) V Flannelly's Pub, Castlebar (Represented by Patrick J. McEllin & Son Solicitors)
Complaint under the Equal Status Act 2000
DEC - S2005-172
Mr. McDonagh 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 case 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 complainant failed to appear at the hearing and his representative stated that he was satisfied that the complainant was aware that it was taking place. On that basis I find that he has 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 complainant did not appear no evidence was taken.
Since the complainant has failed to establish a prima facie case of discrimination I find that the complainant was not discriminated against by the respondent on 31/8/2002, as alleged.
11 November 2005