Labour Court Database __________________________________________________________________________________ File Number: AEE9112 Case Number: DEP9212 Section / Act: S21EE Parties: COUNTY GALWAY VOCATIONAL EDUCATION COMMITTEE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by County Galway V.E.C., supported by the Departments of Education and Finance against Equality Officer's Recommendation EE14/1991 concerning a claim that Galway V.E.C. discriminated against two part-time cleaners on the basis of sex, contrary to the provisions of the Employment Equality Act, 1977, by reducing their hours of work.
Recommendation:
4. The Court has considered the submissions made on the matters
at issue in this appeal. In particular it wishes to state that it
is not entirely satisfied with the Equality Officer's finding that
the V.E.C. in question did in fact discriminate against the
claimants in terms of Section 2(c) of the Act. Having regard to
its overall objective of reducing staff hours in some schools and
reallocating the hours elsewhere, it seems clear to the Court that
the Committee made a conscious effort to extend the impact of the
cuts over both cleaners and caretakers. It finds that the
Equality Officer's use of general statistical evidence to support
her conclusion was in this instance flawed, and that there was no
discrimination against the cleaners.
However, the fact of the matter is that the Recommendation was
accepted by the employer. The appeal was apparently instigated
by the Departments of Education and Finance, neither of which has
any status before this Court as an employer in this case. The
definition of 'employer' under the Act specifically deems the
servants of a V.E.C. to be employed by the V.E.C. The only
proper party (as employer) to an appeal against the Recommendation
was therefore Galway V.E.C. itself.
Given that the employer was prepared to accept the Equality
Officer's Recommendation, this Court recommends that the cleaners
concerned should continue to work the hours which had been
restored and that they be paid the compensation recommended by the
Equality Officer.
Division: Mr O'Connell Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
AEE9112 DETERMINATION NO. DEP1292
EMPLOYMENT EQUALITY ACT, 1977
DETERMINATION NO. 1992
PARTIES: COUNTY GALWAY VOCATIONAL EDUCATION COMMITTEE
DEPARTMENTS OF EDUCATION AND FINANCE
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by County Galway V.E.C., supported by the Departments
of Education and Finance against Equality Officer's Recommendation
EE14/1991 concerning a claim that Galway V.E.C. discriminated
against two part-time cleaners on the basis of sex, contrary to
the provisions of the Employment Equality Act, 1977, by reducing
their hours of work.
BACKGROUND:
2. The background to this case is set out in the Equality
Officer's Recommendation which is Appendix 1 to this
Determination. The Equality Officer in her Recommendation which
was issued on 12th September, 1991 found that County Galway V.E.C.
discriminated against the claimants and recommended that their
original hours should be restored with retrospective effect from
12th September, 1988, that the V.E.C. pay them the consequent
arrears of pay for the period 12 September, 1988 to date, and that
the V.E.C. pay each of the claimants £500 in respect of distress
suffered as a result of this discrimination.
3. County Galway V.E.C. appealed the Recommendation to the Labour
Court on the 22nd October, 1991 on the following grounds:
(1) the use of certain groups for comparison purposes,
(2) the nature of the formal contractual arrangements for
full-time and part-time staff,
(3) the conditions applying to other part-time staff,
(4) the amount of compensation recommended.
The Court heard the appeal in Galway on the 2nd April, 1991. The
written submissions to the Court are attached as appendices.
DETERMINATION:
4. The Court has considered the submissions made on the matters
at issue in this appeal. In particular it wishes to state that it
is not entirely satisfied with the Equality Officer's finding that
the V.E.C. in question did in fact discriminate against the
claimants in terms of Section 2(c) of the Act. Having regard to
its overall objective of reducing staff hours in some schools and
reallocating the hours elsewhere, it seems clear to the Court that
the Committee made a conscious effort to extend the impact of the
cuts over both cleaners and caretakers. It finds that the
Equality Officer's use of general statistical evidence to support
her conclusion was in this instance flawed, and that there was no
discrimination against the cleaners.
However, the fact of the matter is that the Recommendation was
accepted by the employer. The appeal was apparently instigated
by the Departments of Education and Finance, neither of which has
any status before this Court as an employer in this case. The
definition of 'employer' under the Act specifically deems the
servants of a V.E.C. to be employed by the V.E.C. The only
proper party (as employer) to an appeal against the Recommendation
was therefore Galway V.E.C. itself.
Given that the employer was prepared to accept the Equality
Officer's Recommendation, this Court recommends that the cleaners
concerned should continue to work the hours which had been
restored and that they be paid the compensation recommended by the
Equality Officer.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
9th July, 1992. Deputy Chairman
T.O'D./J.C.
APPENDICES
1. Equality Officer's Recommendation.
2. Union's Submission.
3. Submission of County Galway V.E.C. Departments of Education
and Finance.
4. Additional Submission of Union.