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The Equality Tribunal publishes 14 decisions for August 2014

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.