Labour Court Database __________________________________________________________________________________ File Number: AEE9113 Case Number: DEE932 Section / Act: S21EE Parties: POWER SUPERMARKETS LIMITED TRADING AS QUINNSWORTH - and - MS. SIOBHAN LONG;THE EMPLOYMENT EQUALITY AGENCY |
Appeal by the Company against the Equality Officer's Recommendation No. EE15/1991 and an appeal by the worker for a determination that the Equality Officer's Recommendation has not been implemented.
Recommendation:
3. The Court has considered the appeal by the Company which is
confined to the question of redress
On this question the Court is of the opinion that the Equality
Officer was mistaken in concluding that the Company would have
offered Ms. Long full-time employment on the basis that other
full-time employees had been offered such terms and so was
comparatively disadvantaged solely by reason of her inability to
start on the date stated. This reasoning in the view of the Court
cannot be sustained in the light of the fact no less than eight
former full-time staff both male and female were not offered any
employment at all.
This having been said, the Court further notes the point made by
the Equality Officer that there was and is no valid reason why Ms.
Long refused during the course of these proceedings to accept the
Company's offer of part-time employment and thereby failing to
mitigate her loss.
For these reasons the Court amends the Equality Officer's
Recommendation that she be appointed to a full-time position in
Sandymount to provide that she be appointed to the next suitable
vacancy in the Sandymount Branch. The Court concurs with the
Recommendation that on re-appointment her service be backdated to
4th January, 1988.
The Court further is of the opinion that the Equality Officer's
computation of Ms. Long's losses was inappropriate in the
circumstances and amends the sum awarded to £5,500.
The Court so decides.
Division: Mr O'Connell Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
AEE9113 DETERMINATION NO. DEE293
EMPLOYMENT EQUALITY ACT, 1977
SECTION 21
PARTIES: POWER SUPERMARKETS LIMITED TRADING AS QUINNSWORTH
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
MS. SIOBHAN LONG
(REPRESENTED BY THE EMPLOYMENT EQUALITY AGENCY)
SUBJECT:
1. Appeal by the Company against the Equality Officer's
Recommendation No. EE15/1991 and an appeal by the worker for a
determination that the Equality Officer's Recommendation has not
been implemented.
BACKGROUND:
2. 1. The worker alleges that the Company discriminated against
her indirectly on grounds of her sex within the meaning of
Section 2(c) of the Employment Equality Act, 1977 and in
breach of Section 3 of that Act by denying her access to
full-time employment because of her pregnancy.
2. The background to the dispute is set out in the Equality
Officer's Recommendation No. EE15/1991 which is attached at
Appendix 1. The Equality Officer's Recommendation, as
follows, issued on 26th September, 1991.
"Having regard to all the circumstances of this case, I
recommend that the Company appoint Ms. Long to a
full-time sales assistant position in their Sandymount
Branch, with her seniority for service purposes back
dated to 4th January, 1988. Taking account of the fact
that Ms. Long failed to mitigate the loss of
remuneration suffered by refusing the Company's offer of
pro-rata employment, and, having regard to the
calculations of loss suffered by Ms. Long detailed at
(Appendices 5 and 6, I recommend, that that Quinnsworth
pay her an award of £15,000 by way of compensation in
respect of financial loss, distress and injury to
feelings".
*Appendices 5 and 6 above refer to the Equality
Officer's Recommendation at Appendix 1.
3. By letter dated 1st November, 1991, the Company appealed
the Equality Officer's Recommendation. The grounds of appeal
were as follows:
"1. that the Equality Officer erred in law and in fact
in finding that Power Supermarkets Limited
indirectly discriminated against Ms. Long
2. that the Equality Officer erred in law and in fact
in finding that Ms. Long would have been offered a
full-time position as from 4th January, 1988
3. that the Equality Officer erred in law and in fact
in the redress recommended for Ms. Long
4. such other grounds as may arise during the course of
the appeal hearing."
The grounds of appeal at No. 1 above was withdrawn by the
Company by letter dated 1st May, 1992. The Company's letters
concerning its appeal are attached as appendices 2 and 3.
4. The Employment Equality Agency on behalf of the worker
submitted a notice of appeal to the Labour Court dated 5th of
November, 1991. The worker's appeal was on the basis that the
Company had failed to implement the Equality Officer's
Recommendation. The grounds of appeal were as follows:
"(1) The Respondent failed to appoint Ms. Long to a
full-time sales assistant in their Sandymount
Branch, with her seniority for service purposes back
dated to 4th January, 1988.
(2) The Respondents failed to pay Ms. Long an award of
£15,000 by way of compensation in respect of
financial loss, distress and injury to feelings".
The worker's notice of appeal is attached as appendix 4.
5. A Labour Court investigation into the appeals took place
on 28th May, 1992. The Company and the Employment Equality
Agency prepared written submissions for the investigation.
These submissions are included as appendices 5 and 6
respectively.
DETERMINATION:
3. The Court has considered the appeal by the Company which is
confined to the question of redress
On this question the Court is of the opinion that the Equality
Officer was mistaken in concluding that the Company would have
offered Ms. Long full-time employment on the basis that other
full-time employees had been offered such terms and so was
comparatively disadvantaged solely by reason of her inability to
start on the date stated. This reasoning in the view of the Court
cannot be sustained in the light of the fact no less than eight
former full-time staff both male and female were not offered any
employment at all.
This having been said, the Court further notes the point made by
the Equality Officer that there was and is no valid reason why Ms.
Long refused during the course of these proceedings to accept the
Company's offer of part-time employment and thereby failing to
mitigate her loss.
For these reasons the Court amends the Equality Officer's
Recommendation that she be appointed to a full-time position in
Sandymount to provide that she be appointed to the next suitable
vacancy in the Sandymount Branch. The Court concurs with the
Recommendation that on re-appointment her service be backdated to
4th January, 1988.
The Court further is of the opinion that the Equality Officer's
computation of Ms. Long's losses was inappropriate in the
circumstances and amends the sum awarded to £5,500.
The Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
5th March, 1993. Deputy Chairman.
J.F./J.C.