The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 6 Decisions of the Tribunal issued during the month of September 2014 as follows:
Employment Equality Decisions Upheld or Part-Upheld:
DEC-E2014-064: An Employee -v- An Employer Grounds/Issues: Race and Gender. There is also a complaint of Equal Pay. Award: Compensation in the sum of €10,000
DEC-E2014-066: A Worker -v- A company (in receivership) Grounds/Issues: disability – brain tumour – failure to provide reasonable accommodation – S. 16 - part-time work as reasonable accommodation – medical assessment confirming ability to work part-time led directly to dismissal – discriminatory dismissal. Award: € 40,000 for the discriminatory treatment endured, and for the discriminatory dismissal. The award is in compensation for the distress suffered by the complainant and is not in the nature of pay and therefore not subject to tax.
Employment Equality Decisions Not Upheld:
DEC-E2014-065: An Employee-v- An Employer Grounds/Issues: Gender contrary to section 6 of the of the Employment Equality Acts in terms of harassment in accordance with section 14 of the Acts, and conditions of employment in accordance with section 8 of the Acts. And victimisation.
Equal Status Decisions Upheld or Part-Upheld:
DEC-S2014-012: A Person -v- A Company Grounds/Issues: Discrimination, section 3(2)(i) – Travelling Community–provision of a service, section 5(1) Award: the maximum sum allowable under the Acts of €6,384 in compensation for the effects of the prohibited conduct.
Equal Status Decisions Not Upheld:
DEC-S2014-013: A Person -v- An Educational Institute Grounds/Issues: Direct discrimination, Section 3(1), Section 3(2)(a) and (c) gender and family status, educational establishment less favourable treatment - section 7, burden of proof- Section 38A
DEC-S2014-014: A Person -v- A Public Body Grounds/Issues: ground of race contrary to Sections 3(2)((h) of the Equal Status Acts 2000 to 2011, in terms of discriminatory treatment and harassment in connection with the provision of a public service within the meaning of S. 2 of the Acts, and victimisation contrary to S. 3(2)(j) of the Acts