The complaint listed a large number of issues including religion, gender, promotion, training, conditions of employment, discriminatory dismissal, harassment, victimisation and victimisatory dismissal. Also included was an assertion that the complainant was the only new member of staff not allocated a mobile phone handset.

The respondent indicated that the complainant was not entitled to a phone in accordance with her contract. The Equality Officer stated “In the case at hand no substantial evidence of dates, times, places or named persons on which an investigation could proceed has been provided by the complainant”. At the hearing her representative requested an adjournment to prepare/present such evidence and this was refused as she had received notice of the hearing and had been legally represented throughout.

The Equality Officer found she had not established a prima facie case and the claim failed in its entirety. As always, we cannot know what information was or was not available at the hearing so we cannot know for example, whether the dismissal and the date of dismissal were in dispute or what the reason was for this not being addressed.

Unfortunately, we also cannot know whether the Equality Officer attempted to ‘investigate’ or whether the complainant was required to present the issues The short decision does not revert to the matter of a mobile phone and appears to accept that it not being in her contract deals with the matter. However, whether or not it was in her contract is not the relevant equality issue. What is relevant is whether others in similar circumstances were given mobile phones. No response to such a question is presented from the respondent.

Why is this case of interest?

* A lack of preparedness on the part of the complainant appears to have caused what are serious allegations fail.

Full Case Decision: https://www.workplacerelations.ie/en/Cases/2015/July/DEC-E2015-057.html