SECTION 77, EMPLOYMENT EQUALITY ACT, 1998
- AND -
Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
1. Alleged unfair dismissal under Section 77 of the Employment Equality Act 1998.
2. The claimant was employed by the respondent as a supervisor from 13th December 2000 until 9th March 2001. She alleges she was demoted while she was on sick leave and had to leave the Company. The Complainant alleges that she was treated less favourably than a male colleague because of her sex. She referred her case to the Court for investigation under Section 77 of the Employment Equality Act 1998. A Labour Court hearing took place in Portlaoise on 7th September 2001.
The claimant in her submission stated that she was given no training for her supervisory role, and had been given no warnings in relation to any shortcomings in her performance in the role.
She alleged she was demoted because of allegations that she swore at the staff, and that she had missed work because of illness.
The Company management claimed that the employee, who had been hired as a trainee supervisor, on a 3-month probation period, had been assigned to other duties, because she failed to demonstrate the qualities and responsibilities required in her supervisory role.
A significant part of the hearing centred on allegations and denials in relations to the claimant’s actual work performance. It is clear that there were personality clashes between the claimant and her manager.
However, the case before the Court is taken under the Employment Equality Act, 1998, and is based on the claimant’s allegation that she was treated differently because she was a female.
Her case is based on her claim that she was demoted for allegedly swearing at employees, but that a male supervisor who subsequently swore at employees was not demoted, hence, she was discriminated against based on gender. The Court was not presented with any evidence to justify this claim of discrimination.
The Court, therefore, having considered all of the written and oral submissions is not satisfied that the employee’s claim as presented is justified.
The Court, therefore, rejects the claimants claim that she was dismissed in circumstances amounting to discrimination.
Signed on behalf of the Labour Court
Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.