ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001389
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000
Date of Adjudication Hearing: 01/11/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
In accordance with Section 21 of the Equal Status Act, 2000 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
In relation to a jurisdictional issue that arose post the hearing the legal representatives were communicated with by post, their views sought and comments received by the Adjudication Officer.
Complainant’s Submission and Presentation:
I entered the Respondent Bar premises between 2.30pm and 3pm on 7th September 2015 and ordered a children’s portion of food for my minor child. A moment later an employee, servant or agent on duty that day informed me that I was “not being served in here”. The employee, servant or agent refused to serve me stating “ I am going to get the Manager”. Subsequent to the above, a manager informed me that I was “not being served, your kind are not wanted in here”. Those were his exact words to me. This refusal was, I feel, based on my membership of the Travelling Community. I was then told her to get out of the Pub. The employee physically grabbed a tray of food out of my hand and also a small glass of water that my daughter was holding and we were told to “get out now”. The tone of his voice was very angry and he was very rude towards me. I felt embarrassed in front of the whole pub and it was quite busy as it was lunch time. The manager was rude and very ignorant and I was shocked at the whole incident as I had been in the pub a number of times previously. I feel I was basically being told I was not welcome in the pub because I am a member of the traveller community
Respondent’s Submission and Presentation:
The claim was emphatically denied in all aspects.
Section 25 of the Equal Status Act, 2000 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
Issues for Decision:
Has the Complaint substance and it is well founded?
Legislation involved and requirements of legislation:
Equal Status Act, 2000 / Intoxicating Liquor Act 2003
Section 19 Subsection 11 (a) of the Intoxicating Liquor Act 2003 amended the Equal Status Act 2000 to state
“The Act of 2000 (The Equal Status Act) shall cease to apply in relation to prohibited conduct occurring on, or at the point of entry to, licensed premises on or after the commencement of this section”
The Respondent premises are accepted by all to be a Licensed Premises.
Accordingly I have no jurisdiction to hear this case and the claim under the Equal Status Act 2000 must fall.
Dated: 25th January 2017