| ADE/23/148 | DETERMINATION NO. EDA2435 |
SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011
PARTIES:
TRINITY COLLEGE DUBLIN
AND
PATRICIA MALONE
DIVISION:
| Chairman: | Ms O'Donnell |
| Employer Member: | Mr O'Brien |
| Worker Member: | Ms Treacy |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00038779 (CA-00049759-001)
BACKGROUND:
The Worker appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 24 November 2023. A Labour Court hearing took place on 30 August 2024.
The following is the Determination of the Court.
DETERMINATION:
This is an appeal by Ms Malone the Complainant, against Adjudication Officer Decision ADJ-000387798 -CA-00049759-001 in a claim of discrimination on the ground of age. The complaint was made pursuant to the Employment Equality Acts 1998-2015 (the Acts). The Adjudication Officer did not uphold the complaint.
Background.
The Complainant submits that she was discriminated against on the grounds of age when she was prevented from opting in to a voluntary income protection and life assurance scheme because she was aged 66 or over. The scheme was facilitated by the Respondent, but they did not make any contributions to it. The complaint was lodged with the WRC on the 19th April 2022. The cognisable period for the purpose of the Act is 18th October 2021 to 19th April 2022.
Preliminary issues.
An issue arose as to the jurisdiction of the Court to hear the complaint under the Employment Equality Acts. The scheme the Complainant is referring to is an occupational benefit scheme which is covered under section 65(1) of the Pensions Act 1990. Any allegation of discrimination on age grounds relating to same would fall to be pursued under that Act. However, that Act excludes schemes such as the one the Complainant is referring to, where the employer is not a party to the scheme and or the contributions are voluntary.
The Complainant has failed to identify an act of discrimination under the Employment Equality Act and therefore her complaint must fail.
The appeal fails. The decision of the Adjudication Officer is varied as set out above.
The Court so determines.
 | Signed on behalf of the Labour Court |
| |
| Louise O'Donnell |
| AR | ______________________ |
09 September 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Determination should be addressed to Aidan Ralph, Court Secretary.