The Court of Appeal has dismissed an appeal taken by a hotel which sought to overturn a High Court decision in favour of a Traveller family who were subject to an “unfair” Circuit Court discrimination appeal. The family are represented by FLAC
The case centred around the procedural issue of whether the family were entitled to take judicial review case in circumstanced where the relevant legislation provides for separate ‘statutory’ appeal procedure. The family pursued both options as a precautionary measure but were ultimately given permission by the High Court to take a judicial review case.
In 2022, the WRC found that the Charleville Park Hotel (owned by Atlantic Troy Limited) had discriminated against the family, on the Traveller Community and Housing Assistance grounds. The hotel had refused to ho0nour their booking at the hotel, for a three night stay during a period in which the family were homeless, for the reason that they could not provide a personal credit card. The family were awarded compensation by the WRC and the Hotel was directed to review its stated credit card policy. The hotel successfully appealed the WRC ruling to the Circuit Court. In the judicial review case taken by the family, the High Court decided that the Circuit Court hearing “was unfair as a result of excessive intervention” by the Circuit Court Judge.
In his judgment dismissing the hotel’s appeal of the High Court decision, Mr Justice Meenan in the Court of Appeal found that it was appropriate for the family to take the judicial review case because that procedure allows the High Court judge to make findings of fact, where as a statutory appeal would have been limited to questions of law. He noted “the high court judge was somewhat critical of the respondents pursuing both a statutory appeal and judicial review proceedings at the same time. I do not share that criticism”
FLAC Managing Solicitor Sinéad Lucey commented:
“This is the latest chapter in a long-running case that has now been heard by the Workplace Relations Commission, Circuit Court, High Court and the Court of Appeal. Our clients continue to demonstrate remarkable perseverance and bravery.
The decision of the Court of Appeal provides legal clarity and underscores the very important role of judicial review in upholding the rule of law and access to justice for people who have been subject to unfair decision-making processes in lower courts, tribunals or by State bodies.”