Embargo: 7.00am Monday 18th November 2013
The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 16 Decisions of the Tribunal issued during the month of October as follows:
Employment Equality Decisions Upheld or Part-Upheld:
DEC-E2013-122: Ms S -v- A Food Preparation Company. Grounds / Issues: Employment Equality Acts - Discriminatory Treatment - Discriminatory Dismissal - Failure to provide reasonable accommodation - Age - Disability - Race - Prima Facie case - Appropriate measures. Award: €1,000 for discriminatory treatment
DEC-E2013-133: An Individual -v- A Community Training Centre. Grounds / Issues: Employment Equality Acts 1998-2011 – Direct discrimination – Section 6(1), less favourable treatment, 6(2)(a) – gender, Section 6(2)(c) – Family status Section 8 – Access to employment / promotion, Section 85A – Prima facie case. Award: €13,000 for the effects of the discriminatory treatment
Employment Equality Decisions Not Upheld:
DEC-E2013-123: An Employee -v- A County Council. Grounds / Issues: Employment Equality Acts - Discriminatory Treatment - Equal Pay - Gender - Victimisation
DEC-E2013-125: An Employee -v- An Employer. Grounds / Issues: Victimisation - Dismissal - Section 74(2)
DEC-E2013-126: A Complainant -v- A Company. Grounds / Issues: Disability - Family Status - Dismissal - Equal Pay - Access to employment - Conditions of employment
DEC-E2013-127: A Worker -v- A Meat Processing Company. Grounds / Issues: Age - Dismissal - Compulsory retirement - Conditions of employment - section 6(2), 8
DEC-E2013-128: A Complainant -v- A Respondent. Grounds / Issues: Disability - Sections 6, 8 - Promotion - Conditions of employment - Harassment - Victimisation - Reasonable accommodation - Equal Pay
DEC-E2013-129: An Employee -v- A Company. Grounds / Issues: Employment Equality Acts 1998 to 2008 - Sections 6, 8 and 16 - Disability - Equal treatment - Conditions of employment - Disciplinary process - Reasonable accommodation
DEC-E2013-130: 2 Employees -v- A Service Station. Grounds / Issues: Employment Equality Acts 1998- 2011 - Sections 6 & 14A - Gender - Harassment - Prima facie case
DEC-E2013-131: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts - Discrimination - Race - Dismissal - Harassment - Non-attendance - No prima facie case
DEC-E2013-132: 2 Employees -v- An Employer. Grounds / Issues: Employment Equality Acts - Discriminatory treatment - Race - Conditions of employment - Dismissal - Prima facie case - Failure to attend an oral hearing
DEC-E2013-134: 3 Employees -v- An Employer. Grounds / Issues: Employment Equality Acts - Race - Training - Conditions of Employment
DEC-E2013-135: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts 1998-2011 - Dismissal – Section 2(1), Section 6(1) - Less favourable treatment, Section 6(2)(a)(b)(c) & (h) – Gender – Marital status – Family status – Race - Section 8 – Conditions of employment – Discriminatory dismissal – Section19 and 29 – Equal pay – Prima facie case.
Equal Status Decisions Upheld or Part-Upheld:
DEC-S2013-009: A Father -v- A Health Service Provider. Grounds / Issues: Equal Status Act, 2000 to 2012 - Direct discrimination - Section 3(1) - Less favourable treatment, 3(2)(a) (b) (c) (e) (h) (j) - Gender - Civil status - Family status - Race - Religious belief - Victimisation 3(2)(i) - Refusal to provide a service, Section 5(1), Section 38A. - Burden of proof - Prima facie case. Award: €6,348 for the anxiety and distress experienced as a consequence of the discriminatory treatment
DEC-S2013-010: Mr A -v- Community Welfare Service, Department of Social Protection. Grounds / Issues: Equal Status Acts - Civil Status - Family Status - Gender - Rent Supplement - Community Welfare Service - Non-marital father - Indirect discrimination - Objective justification - Department of Social Protection - Fathers' rights. Award: Maximum award under the Equal Status Acts of €6,349 for the distress caused by the discriminatory conduct.
DEC-S2013-011: A Complainant -v- A Car Rental Company. Grounds / Issues: Equal Status Acts 2000 to 2013 - Discrimination, section 3 - disability ground, section 3(2)(i) - Less favourable treatment, section 5(1) - Period of notification, section 21(2A). Award: €3,500 for the anxiety and distress experienced as a consequence of the discriminatory treatment