This case involved a claim of discrimination on grounds of race. Following an incident in December 2014 the complainant had made a complaint to the respondent pursuant to the company's internal grievance procedure. A meeting was convened on foot of this grievance, and the complainant attended the meeting along with her union representative. However the respondent refused her request that an interpreter attend same and the meeting did not proceed.
The respondent continued to refuse the assistance of a translation service at any subsequent meetings and the complainant's grievance was not upheld despite numerous appeals. The respondent maintained that the complainant had sufficient English to proceed without an interpreter as she had been able to clearly state her grievance. The complainant alleged that this refusal denied her the opportunity to adequately advance her complaints.
The Court held that the essence of the complainant's claim was that she had been discriminated based on her linguistic skill, as opposed to her nationality. The Court stated that the complainant had been treated differently, per EU law, as she was denied a process in which she could fully participate. The Court found that the prohibition of an interpreter attending the meetings put the complainant at a disadvantage. Accordingly, the Court held that the stance adapted by the respondent was wholly disproportionate and amounted to discrimination on grounds of race. The complainant was awarded compensation of €8,000.
http://www.workplacerelations.ie/en/Cases/2017/November/EDA1732.html
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial