18th March 2014
The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 10 Decisions of the Tribunal issued during the month of February as follows:
Employment Equality Decisions Upheld or Part-Upheld:
DEC-E2014-007: An employee –v- An employer. Grounds / Issues: Employment Equality Acts 1998- 2008 - sections 6.8 and 14A – harassment – discriminatory treatment – gender- pregnancy – family status – maternity leave. Award: €80,000 by way of compensation for the distress suffered by her as a consequence of the discrimination
DEC-E2014-009: An employee –v- An employer. Grounds / Issues: Employment Equality Acts - Sections 6 & 8 – Gender - pregnancy – Discriminatory Dismissal. Award: €8,000 in compensation for the discriminatory treatment suffered.
DEC-E2014-012: An employee –v- An Ambulance Service. Grounds / Issues: Employment Equality Acts 1998- 2008 - sections 6,8 and 77 – discriminatory treatment – conditions of employment- disability- time limits- out of time. Award: €2,800 by way of loss of earnings in respect of the structured overtime he was denied between 5 November, 2009 and 22 December, 2009 as a result of the discriminatory treatment of him. and €12,000 by way of compensation for the distress suffered by him as a result of the discrimination.
Employment Equality Decisions Not Upheld:
DEC-E2014-004: An employee –v- An employer. Grounds / Issues: Employment Equality Acts - Sections 6, 8 and 16 – Race & Religion – Harassment – Discriminatory Dismissal – Victimisation & Victimisatory Dismissal.
DEC-E2014-005: An employee –v- An employer. Grounds / Issues: disability in terms. of section 6 of the Employment Equality Acts - conditions of employment – dismissal- reasonable accommodation.
DEC-E2014-006: An employee –v- A Sport & Leisure Club. Grounds / Issues: race - conditions of employment - harassment - victimisation.
DEC-E2014-008: An employee –v- An employer. Grounds / Issues: disability contrary to Section 6(2)(g) of the Employment Equality Acts – discriminatory dismissal
DEC-E2014-010: An employee –v- A company. Grounds / Issues: Employment Equality Acts, Race, Conditions of Employment, Harassment
DEC-E2014-011: An individual –v- A Government Department. Grounds / Issues: jurisdiction – whether respondent is the correct respondent - Catholic University School v. Dooley & Scannell - family status – access to employment – lack of eligibility for position for reasons unconnected to family status – no prima facie case.
Equal Status Decisions Not Upheld:
DEC-S2014-002: Mr A (on behalf of his daughter) -v- Board of Management of a Community School. Grounds / Issues: Conditions of participating in education – discrimination - disability
Full text of of the decisions for February 2014 are available at: http://www.workplacerelations.ie/en/search/?decisions=1&from=01/02/2014&to=28/02/2014&body=1