Monday 20th January 2014
The Director of the Equality Tribunal, Mr Niall McCutcheon, has today published 46 Decisions of the Tribunal issued during the month of December as follows:
Employment Equality Decisions Upheld or Part-Upheld:
DEC-E2013-163: An Employee -v- A Cleaning Company. Grounds / Issues: Employment Equality Acts, Gender, Discriminatory dismissal, Pregnancy, Correct respondent. Award: €22,000 in compensation for the discrimination in relation to conditions of employment leading to dismissal and €11,000 in compensation for the distress caused by victimisation.
DEC-E2013-167: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts - discriminatory treatment - race - working conditions - harassment - prima facie case – victimisation. Award: €20,000 for the distress suffered by him as a result of the harassment
DEC-E2013-181: An Employee -v- A Timber Frame Company. Grounds / Issues: Employment Equality Acts 1998- 2008 - sections 6 and 8 – lay-off- discriminatory dismissal – disability. Award: €5,000
DEC-E2013-186: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts 1998-2011, Disability –6(2)(g), Dismissal – Section 8(6), Section 6(1) – less favourable treatment, discriminatory dismissal, Section 16(3) – Failure to provide reasonable accommodation, Section 85A – prima facie case. Award: €12,000
DEC-E2013-193: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts 1998-2008, Dismissal - Section 2(1), Section 6(1) - less favourable treatment, Section 6(2)(h) – Race, Section 8- conditions and discriminatory dismissal, Section 14A – harassment and sexual harassment, prima facie case. Award: €14,000 in compensation for the distress caused by the discrimination and constructive dismissal and €20,000 in compensation for the distress caused by victimisation.
Employment Equality Decisions Not Upheld:
DEC-E2013-161: An Employee -v- A Laundry Company. Grounds / Issues: Race – harassment – indirect discrimination in conditions of employment – language policy – objective justification
DEC-E2013-162: 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, failure to attend hearing.
DEC-E2013-164: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts, Race, Harassment, Section 14A (2) Defence, No prima facie case
DEC-E2013-165: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts - discriminatory treatment - race - conditions of employment - prima facie case
DEC-E2013-166: An Employee -v- A Hotel. Grounds / Issues: Employment Equality Acts - disability - working conditions - discriminatory dismissal – victimisation - prima facie case
DEC-E2013-168: An Employee -v- A School. Grounds / Issues: Employment Equality Acts – Failure to provide reasonable accommodation – Disability – Prima Facie case – Appropriate measures – Section 16 defence
DEC-E2013-169: An Individual -v- An Employer. Grounds / Issues: age - section 6(2) and section – Access to employment.
DEC-E2013-170: An Employee -v- An Employer. Grounds / Issues: race - section 6(2)(h) - conditions of employment – dismissal - harassment - sexual harassment
DEC-E2013-171: An Employee -v- An Employer. Grounds / Issues: Application for expenses - race - section 6 (2) (h) - conditions of employment - dismissal.
DEC-E2013-172: An Employee -v- An Employer. Grounds / Issues: race - section 6(2)(h) - harassment - section 14A
DEC-E2013-173: An Employee -v- A Sport and Leisure Club. Grounds / Issues: race – section 6 – section 8 – conditions of employment – harassment - victimisation
DEC-E2013-174: A Lecturer -v- A Third Level Institution. Grounds / Issues: Gender – equal pay – like work – grounds other than gender for difference in remuneration – starting pay on appointment to a permanent post
DEC-E2013-175: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts – Discriminatory Treatment – Victimisaton – Harassment - Discriminatory Dismissal – Gender – Race - Family Status – Prima Facie case
DEC-E2013-176: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts - race - discriminatory dismissal - prima facie case
DEC-E2013-177: An Individual -v- An Employer. Grounds / Issues: Employment Equality Acts - Sections 6 and 8 – Marital Status, Family Status, Age & Race - Access to employment.
DEC-E2013-178: An Employee -v- A Hotel. Grounds / Issues: race - section 6 - section 8 - dismissal.
DEC-E2013-179: An Employee -v- An Employer. Grounds / Issues: race - gender - family status - section 6 - section 8 - conditions of employment - victimisation.
DEC-E2013-180: An Employee -v- A Secondary School. Grounds / Issues: Employment Equality Acts 1998- 2008 - sections 6, 8 and 74 – discriminatory treatment – conditions of employment – marital status - victimisation.
DEC-E2013-182: An Employee -v- A Cleaning Company. Grounds / Issues: Employment Equality Acts 1998- 2008 - sections 6 and 8 – resignation- discriminatory dismissal – disability
DEC-E2013-183: 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 – section 8, conditions of employment, Constructive dismissal, Section 7 & 29 – equal pay, failure to establish a prima facie case, statutory time limits, no jurisdiction in relation to constructive dismissal.
DEC-E2013-184: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts – sections 6 and 29 - equal pay – age & race.
DEC-E2013-185: An Employee -v- A Government Department. Grounds / Issues: Employment Equality Acts: Sections 6(1) – less favourable treatment, 6(1)(c) – family status, Section 7 & 29 – equal pay, Section 8 - conditions of employment, Section 86- collective agreement Section 77 –time limits, Correct respondent in relation to collective agreement - Section 86(2)(c), no jurisdiction.
DEC-E2013-187: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts - Family Status - Civil Status - Discriminatory treatment - No prima facie case - Access to promotion
DEC-E2013-188: Mr L -v- A Medical Technology Enterprise. Grounds / Issues: Employment Equality Acts – Disability – Race - Post Polio Syndrome - Reasonable accommodation - Conditions of employment
DEC-E2013-189: An Employee -v- An Employment Agency. Grounds / Issues: Race – discriminatory dismissal – employment agency – continued employment with agency
DEC-E2013-190: An Employee -v- An Employer. Grounds / Issues: race - Section 6(2)(h) - access to employment - provision of training - harassment - discriminatory dismissal
DEC-E2013-191: An Employee -v- A University. Grounds / Issues: race - section 6 (2) (h) - harassment, section 14 - conditions of employment, section 8 - victimisation, Section 74(2).
DEC-E2013-192: 4 Complainants -v- An Employer. Grounds / Issues: Employment Equality Acts 1998-2011, Section 6(1) - less favourable treatment, - Section 6(2(a)(b)(h) – gender, marital status and race, Section 8- conditions of employment, dismissal.
DEC-E2013-194: 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, failure to establish a prima facie case.
DEC-E2013-195: An Employee -v- An Airline. Grounds / Issues: employment agency – provider of agency work – S. 8(3) – employers within the meaning of the Acts – discontinuation of agency work – dismissal within the meaning of the Acts – Citibank v. Massinde Ntoko – Dacas v. Brook Street Bureau (UK) Ltd. – Diageo Global Supply v. Mary Rooney – subconscious bias in worker appraisals – Portroe Stevedores v. Nevins, Murphy and Flood - rebuttal.
DEC- E2013-196: Mr B -v- A Metal Processing Company. Grounds / Issues: Employment Equality Acts – Disability – Diabetes - Reasonable accommodation - Disproportionate burden - Section 16 defence
DEC-E2013-197: An Employee -v- An Employer. Grounds / Issues: Employment Equality Acts – Discrimination – Age - Retirement Age - Objective and reasonable justification.
DEC-E2013-198: A Complainant -v- A Supermarket. Grounds / Issues: Employment Equality Acts - disability - working conditions - reasonable accommodation - discriminatory dismissal - prima facie case
DEC-E2013-199: An Employee -v- A Hotel. Grounds / Issues: Employment Equality Acts 1998- 2008 - sections 6 and 14A – harassment – race- prima facie case – defence available to employer.
Pensions Decisions Not Upheld:
DEC-P2013-003: An Employee -v- An Employer. Grounds / Issues: Pension Acts 1990 to 2011 - Section 66(1), 66(2)(f), and S. 70 - age - occupational pension scheme.
DEC-P2013-004: An Employee -v- Trinity College Dublin, The Higher Education Authority, The Department of Public Expenditure & Reform & The Department of Education & Skills. Grounds / Issues: Pensions Acts – Discrimination in the rules of an occupational pension scheme – Age – Sexual Orientation - Civil Status – Combination of Grounds – Defence – Ultra Vires
Equal Status Decisions Upheld or Part-Upheld:
DEC-S2013-015: A Customer -v- A Bank. Grounds / Issues: Equal Status Acts 2000 to 2011 – Discrimination, section 3 – Gender & Disability - section 3(2)(a) & (g). Award: €5,000
DEC-S2013-017: A Mother and Father, on behalf of their Son -v- A Respondent National School. Grounds / Issues: Equal Status - Disability - Failure to provide reasonable accommodation - Equal Status Acts 2000 to 2013, s. 4 (1) and 4 (2) s.7. Award: €500
Equal Status Decisions Not Upheld:
DEC-S2013-018: 2 Complainants (and on behalf of their three children, minors), 2 Complainants (and on behalf of their son, a minor) 2 Complainants (and on behalf of their three children, minors) -v- A Hotel. Grounds / Issues: Equal Status Acts, 2000-2008 - Direct discrimination, Section 3(1)(a) – Traveller community Ground, Section 3(1)(i) – Disposal of Goods and Services, Section 5(1) – Disorderly behaviour or conduct, Section 15(1)
DEC-S2013-019: A Passenger -v- A Coach Hire Company. Grounds / Issues: Equal Status Acts – Disability - Failure to provide reasonable accommodation.
To see the full texts of the decisions issued in December 2013, please click here:
http://www.workplacerelations.ie/en/search/?decisions=1&from=01/12/2013&to=31/12/2013&body=1