DEC-S2005/048 Full Case Report
Mr. John O’Driscoll, V The Licensee, The Eagle Bar (Cork)
The complainant referred a claim to the Director of the Equality Tribunal on 12 October, 2001. 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, Marian Duffy, 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, 2000.
1. Dispute
1.1 The dispute concerns a claim by Mr. John O’Driscoll that he was discriminated against by the Eagle Bar on the ground that he is a member of the Traveller Community, in that he was refused a service that is generally available to the public. The complainant alleged that the respondent discriminated against him in terms of Sections 3(1)(a), and 3(2)(i) of the Equal Status Acts, 2000, contrary to Section 5(1) of that Act.
2 Background
2.1 The complainant case is that he was a regular in the respondent’s bar and that he was refused service on 22 April, 2001 for no good reason. He submitted that he believes that the refusal of service was due to the fact that he is a member of the Traveller community.
3. Summary of Case
3.1 I set a hearing in this case for 24th January, 2005 and the complainant failed to attend. He also failed to respond to a subsequent letter from the Equality Tribunal.
4. Conclusions of the Equality Officer
4.1 As the complainant did not appear at the hearing, I find that he did not establish a prima facie case of discriminatory treatment on the Traveller community ground.
5. Decision
5.1 On the basis of the foregoing, I find that Mr. John O’Driscoll was not discriminated against by the respondent, the Eagle Bar, on the Traveller community ground contrary to Section 3(1) and 3(2)(i) of the Equal Status Act, 2000 and in terms of Section 5(1) of that Act.
______________________
Marian Duffy
Equality Officer
22nd June, 2005