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