SECTION 21, EMPLOYMENT EQUALITY ACT, 1977
SOUTH EASTERN HEALTH BOARD
- AND -
MS SHEILA O'DEA
MS SHEILA HALLINAN
MS NORA O'DWYER
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr Rorke
1. Appeal for Determination that Equality Officer's Recommendation EE6/99 has not been implemented.
2. The full background of this case is set out in Equality Officer's Recommendation EE6/1999.
The dispute concerns claims by Ms. Sheila O'Dea, Ms. Sheila Hallinan and Ms. Nora O'Dwyer that in January, 1998, the South Eastern Health Board discriminated against them within the meaning of Section 2(a) of the Employment Equality Act, 1977, and was in contravention of Section 3 of the Act in its allocation of night duty postings between male and female psychiatric nurses.
On the 18th of May, 1999, the Equality Officer found in favour of the claimants and recommended that the Health Board make immediate arrangements to ensure that qualified male and female nurses have equal access to night duty postings, taking into account the ratio of male to female nurses available for night duty. He also recommended a payment of £1,500 to each claimant to compensate them for the loss and stress they have suffered as a result of the discrimination.
On the 10th of June, 1999, the claimants appealed to the Labour Court for a Determination that the Equality Officer's Recommendation EE6/1999 had not been implemented. The Labour Court heard the appeal on the 7th of December, 1999.
The Court determines that the Equality Officer's Recommendation has not been implemented. During the course of the hearing the Court was informed by the Health Board that it would implement the Recommendation with effect from 9th January, 2000.
The Court directs that the Recommendation be implemented by that date.
Signed on behalf of the Labour Court
5th January, 2000______________________
Enquiries concerning this Determination should be addressed to Dympna Greene, Court Secretary.