INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2011
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Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Ms Tanham
1. Appeal under Section 83 of the Employment Equality Acts, 1998 to 2011.
2. The Worker appealed the Decision of the Equality Officer to the Labour Court on the 8th April 2013. A Labour Court hearing took place on the 20thAugust 2013. The following is the Court's Determination:
Mr. Derek Rothwell submitted a complaint under the Employment Equality Acts 1998 – 2011 alleging discrimination by his employer, Dublin Bus, on the grounds of gender, marital status, family status and race. He also raised an issue of equal pay. The Equality Officer found that Mr. Rothwell had failed to establish aprima faciecase of discrimination and that he had failed to demonstrate how he had suffered less favourable treatment compared to others in similar situations. Accordingly, the Equality Officer found that the Respondent had not discriminated against him on any of the grounds alleged. Mr. Rothwell appealed the Decision to this Court.
In line with the normal practice of the Court, parties are referred to as they were at first instance. Accordingly, Mr. Rothwell is referred to as “the Complainant” and Dublin Bus is referred to as “the Respondent”.
At the hearing before the Court the Complainant presented no details outlining any alleged discriminatory acts by the Respondent and he presented no factual basis to substantiate his appeal of the Equality Officer’s findings. In such circumstances the Court has no alternative but to uphold the Equality Officer’s Decision and to reject the Complainant’s appeal.
The Court so Determines.
Signed on behalf of the Labour Court
26th August, 2013.Deputy Chairman
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.