Embargo: 7.00 a.m. Monday 16th December 2013
The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 30 Decisions of the Tribunal issued during the month of November as follows:
(Please note that the full text of the decisions will not be available until 7.00am on Monday 16/12/2013 when they are published on the website)
Employment Equality Decisions Upheld or Part-Upheld:
DEC-E2013-142: Mr O -v- An Industrial Waste Management Company Grounds/Issues: Employment Equality Acts, Disability, Discriminatory Dismissal, Failure to provide reasonable accommodation, Neck injury Award: €38,000
DEC-E2013-149: Ms B -v- A Newsagents & Deli Grounds/Issues: Employment Equality Acts, Disability, Discriminatory Dismissal, Anorexia Nervosa, Definition of employee Award: €14,000
DEC-E2013-151: An employee -v- An employer Grounds/Issues: Employment Equality Acts – Discriminatory Treatment – Discriminatory Dismissal - Family Status – Civil Status - Prima Facie case Award: €500
DEC-E2013-154: An employee -v- An employer . Grounds/Issues: Employment Equality Acts - gender - working conditions - discriminatory dismissal - prima facie case Award: €12,000
DEC-E2013-155: An employee -v- An employer Grounds/Issues: Employment Equality Acts - Gender - section 6(2) - section 8 - promotion - training - conditions of employment Award: €40,000
DEC-E2013-156: An employee -v- An employer Grounds/Issues: Employment Equality Acts - Gender - section 6(2) - section 8 - conditions of employment - promotion Award: €25,000
DEC-E2013-157: 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 her conditions of employment and promotion when she was unsuccessful in her application for an allowance carrying post in the Detail Office to which two junior male officers were appointed Award: €20,000
DEC-E2013-159: An employee -v- An employer Grounds/Issues: Employment Equality Acts 1998-2011 - direct discrimination - Section 6(1), less favourable treatment -, Section 6(2)(h) – race ground, Section 8(1) - conditions of employment, Section 7 – like work, Section 29 – equal pay, Section 85A – burden of proof, prima facie case. Award: €8,500
Employment Equality Decisions Not Upheld:
DEC-E2013-136: An employee -v- A Supermarket Grounds/Issues: Employment Equality Acts 1998-2011, Section 6(1) - less favourable treatment, - Section 6(2)(a)(b)(h) – Gender, Civil Status, Race, Section 8 - conditions of employment, Section 14 – harassment, Section 19 and 29 – equal pay, failure to attend hearing - no evidence to support case.
DEC-E2013-137: A Complainant -v- A University Grounds/Issues: Employment Equality Acts 1998- 2008 - sections 6,12 and 16 – vocational training – discriminatory treatment – reasonable accommodation.
DEC-E2013-138: An employee -v- An employer Grounds/Issues: Employment Equality Acts 1998- 2008 - sections 6 and 8 dismissal – gender – pregnancy – fixed-term contract
DEC-E2013-139: An employee -v- An employer. Grounds/Issues: Employment Equality Acts - discriminatory treatment - race - conditions of employment - prima facie case – failure to attend an oral hearing
DEC-E2013-140: An employee -v- An employer . Grounds/Issues: Employment Equality Acts - discriminatory treatment - age - access to employment - prima facie case
DEC-E2013-141: An employee -v- An employer Grounds/Issues: Employment Equality Acts – Discriminatory Treatment – Victimisation – Harassment - Race - Prima Facie case
DEC-E2013-143: An employee -v- An employer . Grounds/Issues: Employment Equality Acts – Discriminatory Treatment – Equal Pay - Race – Prima Facie Case
DEC-E2013-144: An employee -v- An employer Grounds/Issues: Employment Equality Acts – Discriminatory Treatment - Race – Religion - Prima Facie case
DEC-E2013-145: An employee -v- An employer. Grounds/Issues: Employment Equality Acts – Discriminatory Treatment – Harassment – Discriminatory Dismissal - Equal Pay - Race
DEC-E2013-146: An employee -v- An employer. Grounds/Issues: Employment Equality Acts – Discriminatory Treatment – Discriminatory Dismissal - Equal Pay - Race – Prima Facie Case
DEC-E2013-147: An employee -v- An employer Grounds/Issues: Parallel proceedings – Right Commissioner decision under Unfair Dismissal Acts – S. 101(4)(b) – no jurisdiction
DEC-E2013-148: An employee -v- An employer Grounds/Issues: Employment Equality Acts, Race, Discriminatory Dismissal, Unfair Dismissal Acts 1977 to 2007
DEC-E2013-150: An employee -v- An employer Grounds/Issues: gender – marital status – family status – harassment – S. 14A(2) defence – right to representation in internal investigations – victimisation
DEC-E2012-152: An employee -v- An employer Grounds/Issues: Employment Equality Acts - Sections 6, 8, 14A & 74 – Family Status & Race – Promotion - Conditions of Employment - Training – Harassment - Victimisation.
DEC-E2013-153: An employee -v- An employer Grounds/Issues: Employment Equality Acts - Sections 6, 8, 14A & 74 – Family Status & Race – Conditions of Employment - Training – Harassment - Victimisation
DEC-E2013-158: A Sales Advisor -v- A Department Store Grounds/Issues: Employment Equality Acts 1998-2011 - direct discrimination - Section 6(1), less favourable treatment -, Section 6(2)(a)-gender (b) marital status) (g) - disability ground, Section 8(1) - conditions of employment, Section 16- appropriate measures (reasonable accommodation), prima facie case
DEC-E2013-160: An employee -v-An employer Grounds/Issues: Employment Equality Acts 1998-2011, Section 6(1) - less favourable treatment, Section 6(2)(h) – Race, Section 8- conditions of employment, discriminatory dismissal, failure to attend hearing
Equal Status Decisions Upheld or Part-Upheld:
DEC-S2013-012: A Complainant -v- A Company Grounds/Issues: Equal Status Acts, 2000-2011 - Direct discrimination, Section 3(1)(a) – Traveller community Ground, Section 3(1)(i) – Discrimination by an Educational Establishment, Section 7(2) Award: €4,000 for the effects of the discrimination
DEC-S2013-014: A Parent (on behalf of her son) -v- A Music Teacher. Grounds/Issues: Equal Status Act, 2000 - 2011, Direct discrimination, Section 3(1) - less favourable treatment, Disability - 3(2)(g), refusal of a service - Section 5(1), Section 38A – burden of proof, prima facie case, redress – Section 27(1). Award: €200 for the discriminatory treatment
Equal Status Decisions Not Upheld:
DEC-S2013-013: A Student -v- A Third Level College. Grounds/Issues: Equal Status Acts, 2000 –2012 - Direct discrimination, Section 3(1), Section 3(2)(g) – disability, less favourable treatment , educational establishment - section 7(1), , Section 3(2)(j) – victimisation, Section 4 - reasonable accommodation
Pension Decisions Not Upheld:
DEC-P2013-001: A Complainant -v- A Company . Grounds/Issues: Pension Acts 1990 to 2011 - age - Section 66(1) and 66(2)(f) - Section 70 - access to an occupational pension scheme
DEC-P2013-002: A Complainant -v- A Company . Grounds/Issues: Pensions Acts – Discrimination in the rules of an occupational pension scheme – Age - Misconceived
To see the full texts of the decisions issued in November 2013, please click here: http://www.workplacerelations.ie/en/search/?decisions=1&from=01/11/2013&to=30/11/2013&body=1