The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 14 Decisions of the Tribunal issued during the month of August as follows:
Employment Equality Decisions Upheld or Part-Upheld:
DEC-E2014-055: An Employee v An Employer Grounds/Issues: correct respondent – discrimination – conditions of employment – S. 8 – gender – maternity leave – race – harassment – S. 14 – victimisation – S. 74(2) Award: € 21,000 which equals one year’s salary for the complainant in compensation for the effects of discrimination and € 42,000 or the equivalent of two year’s salary in compensation for the effects of victimisation.
DEC-E2014-056: An Employee v An Employer Grounds/Issues: gender in terms of section 6(2) and contrary to section 8 of the Employment Equality Acts, 1998 and 2008, in relation to access to employment, conditions of employment, dismissal, harassment, victimisation and victimisatory dismissal. Award: compensation in the sum of €17,000
DEC-E2014-057: An Employee v An Employer Grounds/Issues: age – discriminatory conduct – prima facie case not rebutted Award: Pay the complainant €2000 in compensation for the effects of the discrimination and ancillary orders.
DEC-E2014-058: An Employee v An Employer Grounds/Issues: Disability – S. 2(c) of the Acts – less favourable treatment – lack of reasonable accommodation – S. 16 – discriminatory dismissal. Award: € 25,000. The award is in compensation for the distress suffered by the complainant and is not in the nature of pay and therefore not subject to tax.
DEC-E2014-061: An Employee v An Employer Grounds/Issues: Disability – Failure to Provide Reasonable Accommodation & Victimisation Award: €7,500 in compensation for the discriminatory treatment suffered.
Employment Equality Decisions Not Upheld:
DEC-E2014-059: An Employee v An Employer Grounds/Issues: Disability, Failure to provide reasonable accommodation, retinal detachment, No prima facie case
DEC-E2014-060: A Complainant v A Respondent Grounds/Issues: Section 77(5) - statutory time limits, Section 6(1) - less favourable treatment, Section 6(2)(f) & (g) – Age and Disability, Section 8 discrimination in relation to conditions of employment, Section 14A- Harassment, Section 74(2) - Victimisation, Section 2 “dismissal” Constructive discriminatory dismissal, Section 85A- burden of proof, no prima facie case.
DEC-E2014-062: Complainants v A Respondent Grounds/Issues: sections 6 and 8 – conditions of employment – age
DEC-E2014-063: Complainants v A Respondent Grounds/Issues: Race, Equal Pay, Conditions of employment, Transfer of Undertakings, Grounds Other Than, Collective Agreement
Equal Status Decisions Upheld or Part-Upheld:
DEC-S2014-007: An Employee v An Employer Grounds/Issues: provision of accommodation – age ground – race ground - Section 3 (1)(a) - Section 3(2)(f) and (h) – Section 6(1) Award: €500 in respect of the effects of the discriminatory treatment to the complainant.
Equal Status Decisions Not Upheld:
DEC-S2014-008: A Parent on behalf of her son V A Respondent Grounds/Issues: disability ground - Section 3 (1)(a) - Section 3(2)(g) – Section 4(1) – Section 5(1)
DEC-S2014-009: A Complainant V A Respondent Grounds/Issues: Disability, Discrimination, Reasonable accommodation, Asperger syndrome, Learning difficulty, Global developmental delay, Victimisation, Locus Standi
DEC-S2014-010: Ms. A (on behalf her son X – A Minor) v A Secondary School Grounds/Issues: sections 3 and 7(3)(c) – discriminatory treatment – religion - refusal of admission to denominational school.
DEC-S2014-011: A Complainant V A Respondent Grounds/Issues: Age – disability – erection of street furniture a “service” within the meaning of S. 2 of the Equal Status Acts - reasonable accommodation – S. 4(6) - allowing access to other services – duty of reasonable accommodation cannot give rise to unlawful conduct under other statutes.