The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 13 Decisions of the Tribunal issued during the month of April as follows:
Employment Equality Decisions Upheld or Part-Upheld:
DEC-E2014-017: An employee –v- An employer. Grounds/Issues: Employment Equality Acts, 1998-2011 - sections 6,8, 74 and 77 - race – gender - employment status - conditions of employment – harassment - prima facie case - victimisation - equal pay - burden of proof. Award: €2,500 for the distress suffered by her as a result of the discrimination
DEC-E2014-022: An Employee -v- An Employer. Grounds/Issues: Employment Equality Acts - Sections 6, 8, & 7416 – Gender – Family Status - Disability – Conditions of Employment - Harassment – Victimisation - Provision of reasonable accommodation – time limits. Award: €7,000 in compensation for the discriminatory treatment suffered
DEC-E2014-030: Ms H -v- A Multi-National Retailer. Grounds/Issues: Employment Equality Acts - Disability - Failure to provide reasonable accommodation - Osteoarthritis, Colectomy - Health and Safety issues - Cost of provision of toilet for people with physical disabilities. Award: €30,000
Employment Equality Decisions Not Upheld:
DEC-E2014-019: An employee -v- A Hospital/HSE. Grounds/Issues: Employment Equality Acts - discriminatory treatment - age - voluntary redundancy scheme - prima facie case - objective justification – EU Directive 2000/78/EC
DEC-E2014-021: An employee -v- An employer. Grounds/Issues: Employment Equality Acts - Sections 6 & 8 – Gender & Age – Promotion – Victimisation – Equal Pay
DEC-E2014-023: An Individual -v- An employer. Grounds/Issues: Employment Equality Acts - Sections 6 and 8 – Race - Access to employment - race
DEC-E2014-024: An employee -v- A Government Department. Grounds/Issues: Employment Equality Acts - Sections 6, 8 & 74 – Age - Equal Pay - Vicitimisation.
DEC-E2014-025: A Worker -v- A Second-Level School. Grounds/Issues: Jurisdiction – S. 101(4) – complaint under Unfair Dismissals Acts decided by Rights Commissioner – time limits – S. 77(5) of the Acts – disability – discriminatory treatment – lack of reasonable accommodation – harassment – victimisation.
DEC-E2014-026: An employee -v- 2 Directors of a Company. Grounds/Issues: Preliminary decision pursuant to S. 79(3A) of the Employment Equality Acts – correct respondent – respondent company clearly and unambiguously stated on contract of employment – directors of respondent company not personally liable and not the correct respondents, as they are not the employers within the meaning of the Acts.
DEC-E2014-027: An employee -v- An employer. Grounds/Issues: Employment Equality Acts 1998- 2011 – sections 6, 8 and 79 –discriminatory treatment – non-attendance at Hearing – prima facie case
DEC-E2014-028: An employee -v- An employer. Grounds/Issues: gender, race, family status and disability - section 6 - section 8 - conditions of employment - harassment - discriminatory dismissal.
DEC-E2014-029: An employee -v- An employer. Grounds/Issues: Employment Equality Acts – Failure to Attend - Unreasonable
Equal Status Decisions Upheld or Part-Upheld:
DEC-S2014-003: An individual -v- A Hotel. Grounds/Issues: Equal Status Acts 2000 to 2011 – Discrimination, section 3(2)(i) – Travelling Community–provision of a service, section 5(1). Award: €1,800 in compensation for the effects of the prohibited conduct
To see the full texts of the decisions issued in April 2014, please click here: