Monday 21st July 2014
The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 9 Decisions of the Tribunal issued during the month of June as follows:
Employment Equality Decisions Upheld or Part-Upheld:
DEC-E2014-041: An Individual -v- An Employer. Grounds/Issues: Employment Equality Acts, 1998-2011 – Sections 6, 8 – Age - Employment status – Access to employment – Prima facie case – Burden of proof – Objective justification – EU Directive 2000/78/EC. Award: €8,000 for distress suffered as a result of discrimination.
DEC-E2014-045: An Employee -v- A County Council. Grounds/Issues: Employment Equality Acts 1998-2011 – direct discrimination – Section 6(1), less favourable treatment, S. 6(2)(e) – the religion ground, indirect discrimination – Section 22 and 31, Section 8 – discriminatory dismissal, S. 85A – Burden of proof, Manifestation of religion – Council Directive 2000/78, Treaty of Lisbon, Charter of Fundamental Rights of the European Union, Article 9 and 14 of the European Convention of Human Rights. Award: €70,000 in compensation for the effects of the discriminatory treatment.
Employment Equality Decisions Not Upheld:
DEC-E2014-042: An Employee -v- An Employer. Grounds/Issues: Employment Equality Acts 1998- 2011 – Sections 6, 8 and 79 – Discriminatory treatment – Race – non attendance at Hearing – Prima facie case.
DEC-E2014-043: An Individual -v- An Employer. Grounds/Issues: Employment Equality Acts – Sections 6 and 8 – Age – Access to employment.
DEC-E2014-044: An Employee -v- An Employer. Grounds/Issues: Employment Equality Acts – Race – Conditions of Employment & Harassment.
DEC-E2014-046: An Employee -v- A Construction Company. Grounds/Issues: Employment Equality Acts, Discrimination – Race – Dismissal – Conditions of Employment – Non-attendance – No prima facie case
DEC-E2014-047: An Employee -v- An Employer. Grounds/Issues: Race – Section 6(2)(h) – Employment Equality Acts 1998 to 2011 – Dismissal.
Equal Status Decisions Upheld or Part-Upheld:
DEC-S2014-005: 2 Individuals -v- A Company. Grounds/Issues: Equal Status Acts 2000-2013 – Provision of accommodation – Family status ground - Section 3 (1)(a) – Section 3(2)(c) – Section 6(1). Award: €1,500 for the effects of the discriminatory treatment to each of the complainants.
DEC-S2014-006: Mr. A -v- A Dental Practice. Grounds/Issues: Equal Status Acts, 200-2012 – Section 3 – Discriminatory treatment – Refusal of service – Discrimination accepted – Disability – Quantum of redress. Award: €3,000 for the distress suffered as a consequence of the prohibited conduct.
To see the full texts of the decisions issued in June 2014, please click here: