Equal Status Act 2000
D&N Taverns t/a The Geraldine Arms
Equal Status Act, 2000 - Direct discrimination, Section 3(1)(a) - Traveller Ground, Section 3(2)(i) - Disposal of goods and supply of services, Section 5(1) - Prima facie case.
1.1 This dispute concerns a claim by Brian Maughan that on 15 July 2002, he was treated in a discriminatory manner by the respondent. The complainant 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 1998 and under the Equal Status Act 2000, the Director then delegated the case to me, Dolores Kavanagh, an Equality Officer, for investigation, hearing and decision and for the exercise of this and other relevant functions of the Director under Part III of the Equal Status Act.
2.1 The complaint in this matter was lodged to the Tribunal on 14 January 2003 under the applicable Act at that time, the Equal Status Act 2000. The complainant indicated that notification had been made by letter dated 10 September 2002 issued by the complainant's representative to the respondent. In subsequent correspondence the respondent indicated that statutory notification, as required under the terms of Section 21 of the Act had not been complied with by the complainant and that the respondent had never received any notification of the alleged incident of discrimination.
2.2 The notification was queried by the Tribunal with the complainant's representative who was asked to provide evidence of notification, e.g. proof of postage of the notification. The complainant's representative subsequently submitted documentation including:
* Copy letter of notification dated 10 September 2002 to the respondent
* Copy extract from representative's post book showing an entry for the letter in question dated 10 September 2002 with no indication as to method of posting
* Statutory Declaration of Service indicating that notification was posted on 13 September 2002
* Copy of statement made by complainant indicating that different premises was in question
* Letter stating that notification was issued by ordinary post on 11 September 2002, not registered, accompanied by copy extract of representative's post book indicating that notification was made by registered post
2.3 In the circumstances and given the inconsistencies contained in the material submitted by the complainant's representative, both parties were notified that the matter of notification would be dealt with as a preliminary issue at the scheduled Hearing of this complaint.
3. Outcome of Hearing
3.1 The complainant's party failed to attend at the scheduled Hearing of this matter on the morning of 15 May 2006. It was not therefore possible to resolve the matter of notification. In any event as the complainant did not attend at the Hearing he could not establish a prima facie case of discrimination on the Traveller community ground.
The complainant has not established a prima facie case of discrimination on any of the grounds covered by the Equal Status Act 2000.
7 June, 2006