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The Equality Tribunal publishes 11 decisions for May 2014

Monday 16th June 2014

The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 11 Decisions of the Tribunal issued during the month of May as follows:

 

Employment Equality Decisions Upheld or Part-Upheld:

 

DEC-E2014-031: An employee -v- An employer. Grounds/Issues: Employment Equality Acts - Discrimination - Fixed Retirement Age - Objective and reasonable justification - Health and Safety justification, unilateral change to contract of employment.. Award: €12,000.

DEC-E2014-039: An employee -v- A University. Grounds/Issues: Employment Equality Acts 1998-2011 – Direct discrimination – Section 6(1), less favourable treatment – 6(2(a),(c) & (g), Gender , Family status , Disability ground – Section 8 – Contract of employment – Conditions of employment – Section 77(5)(a), (6) & (6A) – Time limits for referring complaint – Prima facie case. Award: €81,000 in compensation for the effects of the discriminatory treatment and restore her position.

 

Employment Equality Decisions Not Upheld:

DEC-E2014-032: An employee -v- An employer. Grounds/Issues: Employment Equality Acts – Race – Conditions of Employment – Equal pay – Victimisation – Harassment – Training – No prima facie case.

DEC-E2014-033: An employee -v- An employer. Grounds/Issues: Race – Gender – Discrimination in terms and conditions of employment – Harassment – Disciplinary measures – Disputed gesture does not fulfil the connection to protected characteristic condition of S. 14A(7) of the Acts – No prima facie case.

DEC-E2014-034: An employee -v- An employer. Grounds/Issues: Disability – Race – Sections 6(2)(g) and (h) – Harassment – Discriminatory dismissal – Victimisation – S. 74(2).

DEC-E2014-035: An employee -v- An employer. (In Liquidation). Grounds/Issues: Employment Equality Acts 1998- 2011 – Sections 6 and 8 – Discriminatory treatment – Conditions of employment – Race – Assertions – Prima facie case.

DEC-E2014-036: An employee -v- An employer. Grounds/Issues: Employment Equality Acts 1998- 2011 – Sections 74 – Victimisation – Protected act – Prima facie case.

DEC-E2014-037: An employee -v- An employer. Grounds/Issues: Gender – Race – Section 6 – Section 8 – Training – Conditions of employment – Dismissal – Harassment – Victimisation – Reasonable accommodation.

DEC-E2014-038: An employee -v- An employer. Grounds/Issues: Disability – Section 6 – Section 8 – Dismissal – Harassment.

DEC-E2014-040: An Employee -v- A Call Centre. Grounds/Issues: Employment Equality Acts 1998- 2008 – Sections6.8.14A and 74 – Discriminatory treatment – Harassment – Gender – Victimisation – Constructive victimisatory dismissal – Prima facie case.

 

Equal Status Decisions Upheld or Part-Upheld:

DEC-S2014-004: An Individual -v- A Service Provider. Grounds/Issues: Equal Status Acts, 2000-2012 – Sections 3 – Discriminatory treatment – Refusal of service – Ejection from premises – Membership of Traveller community. Award: €1,000.


 

To see the full texts of the decisions issued in May 2014, please click here: http://www.workplacerelations.ie/en/search/?decisions=1&from=01/05/2014&to=31/05/2014&casetype=1&body=1