The Equality Tribunal yesterday published 29 Decisions taken under the Employment Equality Acts, just 4 of which were successful. Awards for the successful cases ranged from €1000 to €15000.

The vast majority of cases, whether successful or not, were raised by East European nationals represented by the same firm of solicitors. In most of the unsuccessful cases the complainant was unable to establish a prima facie case of discrimination e.g. they failed to bring witnesses or produce documentary evidence to support their claims. Few of the unsuccessful cases are of any great interest, although No. 18 looks at an unusual contractual arrangement and considers whether a playwright is an employee and No. 25 sets out the alleged different treatment between lap dancers of different nationalities.


EMPLOYMENT EQUALITY DECISIONS UPHELD OR PART-UPHELD:


1. DEC-E2010 -.209: 4 Employees -v- An Employer

Grounds / Issues: Race, Discriminatory Treatment, Conditions of Employment, Dismissal.
Awards: Employee 1€1,500, Employee 2 €5,000, Employee 3 €12,000 and Employee 4 €15,000 for Discrimination.

The complainants are all Lithuanian nationals. The complainants stated they were employed by the respondent as Motor Mechanics (Mr. Sillevicius and Mr. Ratkevicius ) a Welder (Mr. Algirdis Survila) and a Labourer (Mr. Douydes Survila) at a number of sites in Dundalk and Carlow and a maintenance depot in county Monaghan for varying periods between January, 2006 and July, 2006, when the contend they were dismissed in circumstance amounting to discrimination on grounds of race contrary to the Acts.

The respondent failed to turn up at the hearing. The Equality Officer accepted Mr. Ratkevicius's (the 'spokesperson' for the group) evidence that the owner of the respondent company used foul and abusive language at him and in a fit of temper told him that all the Lithuanian employees were dismissed.

The Equality Officer awarded sums to the complainants ranging for €1500 - €15000.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2491


2. DEC-E2010-218: An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Harassment, Race.
Award: €7,500 for Discrimination.

Another case involving a Lithuanian worker, the complainant submitted that he did not receive a proper contract, or a contract at all, nor Health & Safety documentation and/or training. In addition, the complainant submitted that he received no P60 for 2005 and he received only three payslips in the proper format. The respondent failed to appear and the Equality Officer awarded €7500.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2492


3. DEC-E2010-227: 4 Employees -v- An Employer

Grounds / Issues: Race, Training, Conditions of Employment, Discriminatory Dismissal.
Awards: Employee 1 € 2,000 for Discriminatory Treatment and €5,000 for Discriminatory Dismissal. Employee 2 €7,500 Discriminatory Treatment and €7,500 for Discriminatory Dismissal, Employee 3 €7,500 for Discriminatory Treatment and €7,500 for Discriminatory Dismissal and Employee 4 €2,000 for Discriminatory Treatment, €7,500 for Discriminatory Dismissal.

Another 4 Lithuanian employees. The complainants submitted that they did not receive a contract of employment, or proper health and safety documentation or training. They submit that they were at times paid in cash, and received no P45 forms when their employment with the respondent came to an end. As a result, they submit that they are disadvantaged in claiming their social welfare entitlements.
The complainants further submit that they were dismissed without any reason or procedure.

The respondent failed to appear or submit evidence and the Equality Officer awarded between €7000 and €15000 per employee.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2493


4. DEC-E2010-229: A Worker -v- A Manufacturing Company

Grounds /Issues: Access to Employment, Promotion, Training, Conditions of Employment, Disability.
Award: €1,000 for Discrimination.

The only successful non-race case involved a partially-sighted employee. The respondent was slow to make reasonable accommodations, partly due to delays with union representative. That does not excuse the employer, however:

"I also find that in overall terms, the respondent has been somewhat lacking in proactivity in addressing the complainant's problems. While I accept that the strong union representation in the respondent company also contributed to delays, the respondent ought to have pressed more energetically for a solution."

An award of €1000 was made.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2494


EMPLOYMENT EQUALITY DECISIONS NOT UPHELD:


1. DEC-E2010-208: An Employee -v- An Employer

Grounds / Issues: Discrimination, Race, Access to Employment

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2495

2. DEC-E2010-210: An Employee -v- An Employer

Grounds / Issues: Age, Discriminatory Dismissal.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2496

3. DEC-E2010-211: An Employee -v- An Employer

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

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2497

4. DEC-E2010-212: An Employee -v- An Employer

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

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2498

5. DEC-E2010-213: An Employee -v- An Employer

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

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2499

6. DEC-E2010-214: An Employee -v- An Employer

Ground / Issues: Conditions of Employment, Training.

The EO found that the respondent named in the complainant's complaint to the Tribunal could not be the correct respondent in this matter. Therefore, the Tribunal has no jurisdiction to investigate the matter any further.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2500

7. DEC-E2010-215: An Employee -v- An Employer

Grounds / Issues : Race, Discriminatory Dismissal, Discrimination.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2501

8. DEC-E2010-.216 : An Employee -v- An Employer

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

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2501

9. DEC-E2010-217: A Complainant -v- A Respondent Z

Grounds / Issues: Victimisation.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2503

10. DEC-E2010- 219: An Employee -v- An Employer

Grounds / Issues: Less Favourable Treatment, Age, Discriminatory Advertisement, Victimisation.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2504

11. DEC-E2010-220: An Employee -v- An Employer

Grounds / Issues: Less Favourable Treatment, Race, Conditions of Employment.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2505

12. DEC-E2010-221: An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Gender, Race, Marital Status, Conditions of Employment, Harassment, Victimisation.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2506

13. DEC-E2010-222: An Employee -v- An Employer

Grounds / Issues: Discriminatory Treatment, Gender, Marital Status, Family Status, Race, Access to Employment, Conditions of Employment, Harassment, Discriminatory Dismissal.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2507

14. DEC-E2010-223: An Employee -v- An Employer

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

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2508

15. DEC-E2010-224: An Employee -v- An Employer

Grounds/ Issues: Race, Discriminatory Dismissal.

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2509

16. DEC-E2010-225: An Employee -v- An Employer

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

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2510

17. DEC-E2010-226: An Employer -v- An Employee

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

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2511

18. DEC-E2010-228:An Employee -v- An Employer

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

In this case the EO found the complainant was never an employee of the respondent in terms of section 2 of the Employment Equality Acts, 1998 - 2007 and he therefore does not have the locus standi to maintain his complaint. Readers of an artistic bent may wish to note that it involved a dispute over the writing of a new version of "The Playboy of the Western World" at the Abbey Theatre.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2512

19. DEC-E2010-230: An Employee -v- An Employer

Grounds / Issues: Race, Family Status, Conditions of Employment, Access to promotion, Victimisation.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2513

20. DEC- E2010-231: An Employee -v- An Employer

Grounds / Issues: Equal Pay, Gender, Indirect Discrimination.

This was a dispute over allowances in the nursing profession. The claimant's evidence did not support his arguments of indirect discrimination.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2514


21. DEC-E2010-232: An Employee -v- An Employer

Grounds / Issues: Gender, Marital Status, Race.

The complainant did not attend and the EO found against her.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2515


22. DEC-E2010-233: 3 Employees -v- An Employer

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

The complainants were unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2516


23. DEC-E2010-234: An Employee -v- An Employer

Grounds / Issues: Race, Conditions of Employment.

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2517


24. DEC-E2010-235: An Employee -v- An Employer

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

The complainant was unable to establish a prima facie case of discrimination and the complaints failed.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2518


25. DEC-E2010-236: An Employee -v- An Employer

Grounds / Issues: Race, Conditions of Employment.

An unusual case, in which a Latvian lap dancer alleged she received a lower percentage of money given per dance than Irish lap dancers. The respondent did not appear before the tribunal and did not engage in the process. However, the complainant provided no evidence to support her assertions, except that she spoke to the Irish employees who confirmed the differences in treatment. However, none of them was asked to give evidence at the hearing.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2519


Legal-Island
21 December 2010