ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00033005
Parties:
| Complainant | Respondent |
Parties | Catherine Dunne | An Post |
Representatives | Self-represented | James O’Donnell BL instructed by Keaveny Walsh solicitors |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00043740-001 | 25/04/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00043853-001 | 03/05/2021 |
Date of Adjudication Hearing: 21/09/2022
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 25th April 2021, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Equal Status Act. On the 3rd May 2021, the complainant referred a second complaint regarding a different incident. The complaints were referred to adjudication on the 21st September 2022 and it was a hybrid hearing.
The complainant attended the hearing and was accompanied by Neil Armstrong. The respondent was represented by James O’Donnell BL instructed by Michael Keaveny, solicitor. The post office operators attended to give evidence: Adrian Corcoran attended in person while June Corcoran attended via video-link.
The complaints were heard along with complaints in ADJ-00032708 and ADJ-00033002 against a different respondent (the operator of the post office) but relating to the same incidents.
In accordance with section 25 of the Equal Status Act, 2000following the referral of the complaints to me by the Director, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complaints are of discrimination and harassment on grounds of disability in accessing a service. The respondent in this adjudication is An Post and the complaints relate to incidents at a branch operated by the respondents in ADJ-00032708 and ADJ-00033002. The complaints relate to incidents of the 3rd and 7th December 2020 when the complainant sought a service at the post office counter within the retail premises. |
Summary of Complainant’s Case:
The complainant’s evidence under affirmation is summarised in ADJ-00032708. |
Summary of Respondent’s Case:
The respondent was represented at the adjudication by James O’Donnell, BL, who represented all respondents. The submissions and the evidence of the post office operators is summarised in ADJ-00032708. |
Findings and Conclusions:
The question in respect of An Post is whether it is vicariously liable for any acts of discrimination or harassment carried out in respect of the complainant. Section 42 of the Equal Status Act provides that vicarious liability can arise out of either an employment relationship or a relationship of agency. In this case, there is no complaint of discrimination or harassment other than in respect of the actions of the post office operators. The question of vicarious liability, therefore, only arises if there is a finding of either discrimination or harassment against the post office operators. As set out in ADJ-00032708 and ADJ-00033002, I decide that the post office operators did not engage in prohibited conduct in respect of either discrimination or harassment. It follows that the respondent could not be vicariously liable for any contravention of the Equal Status Act as there was no such contravention. In line with section 25(4) of the Equal Status Act, I find that the respondent, An Post, did not engage in prohibited conduct. |
Decisions:
Section 25 of the Equal Status Acts, 2000 – 2018 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under section 27 of that Act.
CA-00043740-001 I decide that the respondent did not engage in prohibited conduct in respect of the complainant. CA-00043853-001 I decide that the respondent did not engage in prohibited conduct in respect of the complainant. |
Dated: 13th January 2023
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Equal Status Act / vicarious liability |