The Equality Tribunal published 27 decisions last week taken under the Employment Equality Acts. We sent a summary of the five successful cases. Here is a review of the remaining 22 unsuccessful applications.

Almost all these cases involve employees of eastern European origin. Almost all involved allegations of discriminatory dismissal (and often harassment) on the race ground. Most complaints were dismissed because the complainant either failed to attend the hearing or could not provide prima facie evidence that discrimination took place on the race ground.

The most interesting decision is probably case 21 below, which involved an employee who tried to equate his stomach pains to a disability but failed to provide corroborating evidence that his illness amounted to a disability.


EMPLOYMENT EQUALITY DECISIONS NOT UPHELD:


1. DEC-E2010- 162. 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=2436


2. DEC-E2010- 163. An Employee -v- An Employer

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

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2437


3. DEC-E2010-165 An Employee -v- An Employer

Grounds/Issues: Discriminatory Treatment, Access to Employment, Age.

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=2439


4. DEC-E2010-166An Employee -v- An Employer

Ground/Issues: Discrimination, Age, Occupational Benefits Scheme.

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=2440


5. DEC-E2010-.167. An Employee -v- An Employer

Ground/Issues: Discriminatory 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=2441


6. DEC-E2010- 169. An Employee -v- An Employer

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

No link available.


7. DEC-E2010-171. An Employee -v- An Employer

Grounds/Issues: Discrimination, Race, Discriminatory Treatment.

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2444


8. DEC-E2010-172. An Employee -v- An Employer

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

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2445


9. DEC-E2010-173. 4 Employees -v- An Employer

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

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=2446


10. DEC-E2010-174. 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=2447


11. DEC-E2010-176 An Employee -v- An Employer

Grounds/Issues: Race, Equal Pay.

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=2449


12. DEC-E2010-178. An Employee -v- An Employer

Grounds/Issues: Discrimination, Race.

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2451


13. DEC-E2010-179. An Employee -v- An Employer

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

The Equality Officer noted the decision of the Labour Court which found that it is for the complainant to ensure that proceedings are issued against the correct respondent. The incorrect respondent was named and the Equality Officer could not proceed further with the investigation.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2452


14. DEC-E2010-180. An Employee -v- An Employer

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

The respondent stated that the complainant was employed for only three days from 4 February to 6 February 2008 (inclusive). He was engaged for casual labour. He failed to return to work after 6 February 2008 without giving any notice. He was not dismissed. The EO accepted the employer's evidence and found against the complainant.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2453


15. DEC-E2010-181. An Employee -v- An Employer

Grounds/Issues: Dismissal, Less Favourable Treatment, Race.

The complainant is an Uzbekistan national and was employed as a truck driver by the respondent from the 5th of May 2008 until the 13th May 2008. The complainant's case was that the respondent dismissed him without proper procedures and for no good reason.

The respondent stated that the complainant was dismissed because he had difficulty driving the truck and changing gears which caused damage to the clutch and had no connection to his nationality. The complainant's supervisor said that he hired him following an interview and a driving test. He then got reports from the site foreman on the M50 that the complainant had trouble in getting the gears. The truck was checked out by both his supervisor and a fitter and there was no problem with the clutch. A few days later the supervisor noticed a burning smell from the truck and he had the fitter check it out and the clutch was burned out. The EO accepted the employer's evidence and found against the complainant.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2454


16. DEC-E2010-182. An Employee -v- An Employer

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

The EO considered the respondent's evidence to be more credible regarding the circumstances surrounding the termination of the complainant's employment and accepted the respondent's evidence that the complainant resigned from his employment of his own volition. A similar view was taken in relation to other claims and the EO found against the complainant.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2455


17. DEC-E2010-183. An Employee -v- An Employer

Grounds/Issues: Discrimination, Race, Conditions of Employment

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2456


18. DEC-E2010-184. An Employee -v- An Employer

Grounds/Issues: Discrimination, 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=2457


19. DEC-E2010-185. 3 Employees -v- An Employer

Grounds/Issues: Discriminatory Treatment, Race, Conditions of Employment, Training, 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=2458


20. DEC-E2010-186. An Employee -v- An Employer

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

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=2459


21. DEC-E2010-187. A Worker -v- A Food Manufacturer

Grounds/Issues: Family Status, Disability.

The complainant asserted he was out on sick leave occasionally due to severe stomach pains. On 21 January 2008, he was dismissed from his employment. He asserted that the respondent did not carry out any real enquiry into his fitness to return to work, or consider any arrangements for him to return to work. He further stated that he missed some work due to his daughter undergoing a medical procedure, but that this was not brought up as an issue by the respondent at the time of his dismissal.

The respondent disputed discriminating against the complainant on the ground of either disability or family status. With regard to the complainant's alleged disability, the respondent stated that it was never advised of the existence of any disability by the complainant. It received medical clearance for the complainant from its doctor, and any medical certificates received in respect of the complainant's absences only stated "illness" or "abdominal pain" as a reason. In this context, the respondent referred to the decision of the European Court of Justice in Navas v. Eurest Colectividades SA [2006; ECR1-66467] that sickness does not fall within the scope of disability under the Employment Framework Directive.

The equality Officer found no evidence whatsoever, either in the form of meaningful medical reports from relevant specialists, or the complainant's GP, was adduced to prove that the complainant is disabled within the meaning of the Acts. The only documentation the complainant provided was an appointment with a consultant and a generic letter from the hospital to advise him how to prepare for his stay. The only other medical-related evidence submitted came from the respondent and consisted of non-descript sickness certificates.

The EO found in favour of the respondent.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2460


22. DEC-E2010-188. An Employee -v- An Employer

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

The complainant did not attend and the EO found against him.
http://www.equalitytribunal.ie/index.asp?locID=181&docID=2461