The Equality Tribunal yesterday published 15 Decisions taken under the Employment Equality Acts, just 3 of which were successful. The largest award totalled more than €28k, including €10k for the manner of dismissal which, when coupled with a change in the employer's attitude after the employee notified her of her pregnancy, constituted harassment.

The most interesting of the not upheld cases is number 14, which involved a school caretaker, refused entry back to work unless he underwent psychiatric assessment following allegations of work-related stress. It has some useful guidance on what are reasonable requirements in relation to employers dealing with long-term absences.
http://bit.ly/dVCpDy


EMPLOYMENT EQUALITY DECISIONS UPHELD OR PART-UPHELD:


1. DEC-E2011-002: An Employee -v- An Employer

Grounds / Issues: Gender, Pregnancy, Discriminatory Dismissal, Harassment.
Award: €18,200 for Discriminatory Dismissal and €10,000 for Harassment.

This case involved the dismissal of a salesperson, who allegedly did very well at work until she pointed out to the employer that she (the complainant) was pregnant. After that she alleged the behaviour of the employer changed towards her and she was harassed and dismissed because of her pregnancy.

Notwithstanding the fact that the employer submitted statements from other employers who said they had not been treated unfairly because they were pregnant, the Equality Officer found, "There were a number of aspects of Ms A's (the respondent's founding director) evidence which stretched credibility." She found, "the callous manner of Ms Farrell's (the complainant's) dismissal to be a further act of harassment as it had the effect of violating the complainant's dignity. She awarded €18k (one year's salary for the discriminatory dismissal and a further €10k for harassment.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-002-Full-Case-Report.html


2. DEC-E2011-010: An Employee -v- An Employer

Grounds / Issues: Gender, Race, Gender, Family Status, Pregnancy, Discriminatory Dismissal.
Award: €15,000 for Discriminatory Dismissal

This was another pregnancy dismissal case (and, again, the employer was in liquidation), where the employee contended that when she advised the respondent that she was pregnant she was dismissed. The respondent denied the allegations and made counter-allegations via the liquidator:

"The complainant "was never employed with any client through the agency of (the respondent)... The extent of her contract was that one day she turned up uninvited and without the knowledge of (the respondent). The implication would be that her attendance and the announcement of her pregnancy was a cynical act of opportunism, made in order to put in a claim for dismissal due to pregnancy under the Employment Equality Acts with the hope that money would flow from a successful claim."

The above counter-allegations didn't really stand up to scrutiny when the complainant produced pay slips. The discrimination on grounds of gender was compounded by discrimination on grounds of race (the complainant did not speak English well and there was evidence that the respondent took advantage of this). €15k was awarded.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-010-Full-Case-Report.html


3. DEC-E2011-011: An Employee -v- An Employer

Grounds / Issues: Race, Conditions of Employment, Training, Discrimination.
Award: €1,000 for Discrimination.

The Equality Officer found that the respondent did discriminate against the (Lithuanian national) complainant on the race ground pursuant to section 6(2) of the Acts in terms of his conditions of employment and contrary to section 8 of the Acts by not ensuring that he was provided with a contract and health and safety training in a language which he could understand. However, in relation to dismissal for redundancy, the claimant could not show he was treated less favourably than a comparable Irish employee.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-011-Full-Case-Report.html


EMPLOYMENT EQUALITY DECISIONS NOT UPHELD:


1. DEC-E2011-001: An Employee -v- An Employer

Grounds / Issues: Gender, Age, Promotion, Discriminatory Dismissal.

The Equality Officer could find no evidence of any discriminatory action by the respondent and concluded that the respondent did not dismiss the complainant in a discriminatory manner.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-001-Full-Case-Report.html


2. DEC-E2011-003:An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Race, Conditions of Employment, Training, Discriminatory Dismissal.

The case was not correctly published online.


3. DEC-E2011-004: An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Dismissal, Race.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-004-Full-Case-Report.html


4. DEC-E2011-005: An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Disability, Race, Conditions of Employment, Training, Bullying Harassment.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-005-Full-Case-Report.html


5. DEC-E2011-.006: An Employee -v- An Employer

Grounds / Issues: Race, Discriminatory Treatment.

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-006-Full-Case-Report.html


6. DEC-E2011-007An Employee -v- An Employer

Grounds / Issues: Discriminatory Dismissal, Discriminatory Treatment, Race.

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-007-Full-Case-Report.html


7. DEC-E2011-008: An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Discriminatory Dismissal, Harassment, Race.

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-008-Full-Case-Report.html


8. DEC-E2011-009: An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Race, Training, Access to Employment, Conditions of Employment, Discriminatory Dismissal.

On balance, the EO accepted the respondent's evidence that the complainant voluntarily left his employment of his own volition in June, 2007 in order to set up a courier business. The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-009-Full-Case-Report.html


9. DEC-E2011-012:An Employee -v- An Employer

Grounds / Issues: Age, Access to Employment

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-012-Full-Case-Report.html


10. DEC-E2011-013: An Employee -v- An Employer

Grounds / Issues: Race, Conditions of Employment, Contract of Employment, Indirect Discrimination.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-013-Full-Case-Report.html


11. DEC-E2011-014: An Employee -v- An Employer

Grounds / Issues: Disability, Conditions of Employment, Victimisation, Reasonable Accommodation.

This case was more interesting than most. It involved a caretaker in a school. He has diabetes and had been off sick for some 8 months when the school allegedly refused to allow him to return unless he saw a psychiatrist. The respondent argued the psychiatric referral was not based on the claimant's insulin intake or disability but because the sick lines referred to work-related stress. The EO preferred the evidence of the respondent:

"In considering the respondent's reasoning for referring the complainant to a psychiatrist I should state that it is not for me to decide whether it was appropriate for the respondent to refer the complainant for a psychiatric evaluation. In considering the respondent's reason for this referral I must take into account the fact that, the complainant had been absent from work on sick leave for an extensive period (8 months) since May 2009 and that, the reason given on the medical certificates for this absence was stress, anxiety/uncontrolled diabetes. In addition to this, the complainant, in correspondence to the Board of Management and to the Department of Education, attributed this stress and anxiety to the actions of the Principal and the Board of Management. The background material submitted by the respondent to Dr. O indicated that the complainant had previously incurred additional sick leave of 14 weeks during the period 2008/2009. It also became evident during the course of my investigation that the complainant had an ongoing difficult relationship with the Principal and the Board of Management, which came to light in submissions made by the complainant, and that these difficulties had been ongoing prior to this complaint and the issue of reasonable accommodation. In light of this, and the foregoing evidence on this matter, I am satisfied, based on the totality of the evidence provided on this issue, that the respondent's decision to refer the complainant for a psychiatric evaluation prior to his return to work was in no way related to the complainant's claim of discrimination."
http://bit.ly/dVCpDy


12. DEC-E2011-015:An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Discriminatory Dismissal, Harassment, Race, Failure to Attend.

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/Database-of-Decisions/2011/Employment-Equality-Decisions/DEC-E2011-015-Full-Case-Report.html