Labour Court Database __________________________________________________________________________________ File Number: AEE9115 Case Number: DEE931 Section / Act: S21EE Parties: INDEPENDENT NEWSPAPERS LIMITED - and - THE EMPLOYMENT EQUALITY AGENCY |
Appeal against Equality Officer's Recommendation No. EE19/1991 by (i) Independent Newspapers Limited and (ii) Group 4 Securitas Limited. Appeal by the Employment Equality Agency for implementation of Equality Officer's Recommendation No. EE19/1991.
Recommendation:
500
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
AEE9115 DETERMINATION NO. DEE193
EMPLOYMENT EQUALITY ACT, 1977
SECTION 21(1)
PARTIES: INDEPENDENT NEWSPAPERS LIMITED
GROUP 4 SECURITAS IRELAND LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
and
THE EMPLOYMENT EQUALITY AGENCY
SUBJECT:
1. Appeal against Equality Officer's Recommendation No. EE19/1991
by (i) Independent Newspapers Limited and (ii) Group 4 Securitas
Limited. Appeal by the Employment Equality Agency for
implementation of Equality Officer's Recommendation No. EE19/1991.
BACKGROUND:
2. 1. The dispute concerns a reference by the Employment
Equality Agency under Section 20(d) of the Employment Equality
Act, 1977 that the respondents contravened Section 8 of the
Act in relation to an employment advertisement for Group 4
Securitas published in the Irish Independent on 20th August,
1990. The background to this case is as set out in the
Equality Officer's Recommendation which is attached as
appendix 1.
2. The Irish Business and Employers' Confederation (formerly
Federation of Irish Employers) appealed against the
recommendation on behalf of Group 4 Securitas Ireland Limited
by letter dated November, 22nd 1991. Independent Newspapers
Limited also appealed against the recommendation by letter
dated 21st November, 1991. The letters are attached as
appendices 2 and 3.
3. The recommendation was appealed for implementation by the
Employment Equality Agency by a notice of appeal dated 26th
November, 1992. The Agency also submitted an "answer to an
appeal" dated 11th December, 1991. These documents are
attached at appendices 4 and 5.
4. The Labour Court heard the appeals on 16th June, 1992 and
on 20th January, 1993 by a new division of the Court. The
parties' submissions are attached as appendices 6, 7, and 8 to
this determination. The parties expanded orally on their
submissions at the hearings.
DETERMINATION:
3. The Court in the first instance has considered the appeal by
Group 4 against the Equality Officer's finding that the wording of
the advertisement was in fact discriminatory. It takes the view
that the advertisement containing the words "may be of particular
interest to married women" may reasonably be understood as
indicating an intention to discriminate and the Court therefore
upholds the Equality Officer's finding in this regard.
As to the penalty against which both Group 4 and Independent
Newspapers are appealing, having particular regard to the terms of
Independent Newspapers Limited's appeal it is clear to the Court
that it is not within the powers of the Agency to mitigate the
terms of the Act nor within the powers of the Court to offer
general mitigation as the penalty should in all cases relate to
the specific offence. Therefore it is not possible to offer any
general assurances to the Newspaper on mitigation should it
publish a banner on a permanent bases.
On the issue of the penalty itself the Court is of the opinion
that the recommendation, (a) that the Independent Newspapers
Limited carry a permanent notice regarding discrimination, and (b)
that the Independent Newspapers Limited and Group 4 Securitas be
required to negotiate with the Equality Agency the frequency and
size of other notices for insertion is unreasonable and
inequitable.
In the circumstances of this case the Court amends the
recommendation to provide that the banner under part (a) be
inserted 4 times and that the insertion of the notice under (b) to
be made once with Group 4 Securitas bearing a share of the cost of
£500.
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Signed on behalf of the Labour Court
John O'Connell
_____________________
22nd February, 1993. Deputy Chairman
J.F./J.C.