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EDA2337

FULL RECOMMENDATION

ADE/22/25
ADJ-00015314 CA-00019962-001

DETERMINATION NO. EDA2337

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015

PARTIES:

WATERFORD INSTITUTE OF TECHNOLOGY
(REPRESENTED BY TOM MALLON,
INSTRUCTED BY ARTHUR COX LLP)

- AND -

KATHLEEN MOORE WALSH
(REPRESENTED BY JACOB AND TWOMEY SOLICITORS LLP)

DIVISION:

Chairman:	Ms O'Donnell
Employer Member:	Mr Murphy
Worker Member:	Mr Bell

SUBJECT:

1. Appeal Of Adjudication Officer Decision No. ADJ-00015314 CA-00019962-001

BACKGROUND:

2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 3rd March, 2022. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 10th March, 2022. A Labour Court hearing took place on 11th October, 2023. The following is the Court's Determination.

DETERMINATION:

This is an appeal by both Ms Kathleen Moore Walsh, the Complainant and Waterford Institute of Technology the Respondent, against Adjudication Officer Decision ADJ-000155314 CA-00019962-001 in a complaint of victimisation. The complaint was made pursuant to the Employment Equality Acts 1998-2015 (the Acts). This case is linked to ADE/22/26.

The Adjudication Officer held that the complaint was well founded and awarded compensation of €25,000 and ordered the Respondent to make specific changes to their competitive processes

At the commencement of the hearing the parties requested some time to have a discussion and the Court granted same. Sometime later the parties indicated to the Court that they had reached an agreement and set out for the Court the basis of same.

Determination

The Court based on the consensus as articulated by the parties to the Court determines that the Complaint should be awarded €25,000 and that bullet points two and three of the Adjudication Officers decision should be set aside.

The appeals are upheld. The decision of the Adjudication Officer is varied as set out above.

The Court so determines.

	Signed on behalf of the Labour Court

	Louise O'Donnell
AR	______________________
31 October 2023	Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Aidan Ralph, Court Secretary.