Labour Court Database __________________________________________________________________________________ File Number: AEE927 Case Number: DEE9216 Section / Act: S21EE Parties: THE BOARD OF MANAGEMENT SCOIL MHUIRE, - and - MS. MAI BARRY;THE IRISH NATIONAL TEACHER'S ORGANISATION |
Appeal by the Union concerning the non-implementation of Equality Officer's Recommendation No. EE9/92.
Recommendation:
3. The Court, having considered the submissions of the parties,
and noting that there is no objection from the parties to the
promotion of the worker as per EE9/92 makes a determination in
favour of Ms. Barry for the sum of #2,000.
Division: Mr O'Connell Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
AEE927 DETERMINATION NO. DEE1692
EMPLOYMENT EQUALITY ACT, 1977
PARTIES: THE BOARD OF MANAGEMENT SCOIL MHUIRE,
TALLOW COUNTY WATERFORD
(REPRESENTED BY MR. A.V. MAHER, SOLICITOR)
THE DEPARTMENT OF EDUCATION
and
MS. MAI BARRY
(REPRESENTED BY THE IRISH NATIONAL TEACHER'S ORGANISATION)
SUBJECT:
1. Appeal by the Union concerning the non-implementation of
Equality Officer's Recommendation No. EE9/92.
BACKGROUND:
2. 1. The dispute concerns an allegation that in the appointment
of a vice-principal to Scoil Mhuire Tallow, Co. Waterford, the
Board of Management and the Department of Education
discriminated against the worker thereby denying her proper
access to promotion and denial of promotion/appointment to
vice-principal contrary to Section 3 of the Employment
Equality Act, 1977 in terms of Section 2 of that Act.
2. The background to the dispute is set out in Equality
Officer's Recommendation No. EE9/1992 which is attached at
Appendix 1. The Equality Officer's Recommendation was issued
on 6th July, 1992. A summary of the Recommendation is as
follows:
(i) Ms. Barry be promoted/appointed to Vice-Principal
with effect from 17th August, 1990 and recompensed
accordingly
(ii) that a further sum of #2,000 be paid to Ms. Barry
as compensation.
3. By letter dated 15th July, 1992, the Union on behalf of
the worker appealed the Equality Officer's Recommendation to
the Labour Court seeking a determination that the Equality
Officer's recommendation has not been implemented. The
grounds of appeal were as follows:
(i) The Respondents failed to implement the terms of
Recommendation EE9/1992.
(ii) The Equality Officer was correct in law and in fact
in finding that the Respondents unlawfully
discriminated against her by their refusal to
promote her from position of Assistant Teacher to
position of Vice-Principal because of her sex and
marital status.
(iii) The Equality Officer was correct in law and in fact
in awarding Ms. Barry #2,000 as compensation for
loss of reputation and stress, including
considerable stress involved in pursuing her case.
(iv) The Equality Officer was correct in law and in fact
in recommending that Ms. Barry be promoted to the
position of Vice-Principal with effect from 17th
August, 1990 and that she be paid in full the
necessary adjustment in salary (incorporating all
pension entitlements etc.) accruing with effect
from that date.
(v) On all grounds that have been submitted during the
Equality Officer's investigation and any other
grounds which may be cited during the course of
this appeal.
The Union's notice of appeal is enclosed as
appendix 2.
4. A Labour Court investigation into the appeal took place in
Waterford on 20th November, 1992 (the earliest date suitable
to the parties). The Union, the Board of Management and the
Department of Education prepared written submissions for the
investigation. These submissions are included at appendices
3, 4 and 5 respectively.
DETERMINATION:
3. The Court, having considered the submissions of the parties,
and noting that there is no objection from the parties to the
promotion of the worker as per EE9/92 makes a determination in
favour of Ms. Barry for the sum of #2,000.
~
Signed on behalf of the Labour Court
John O'Connell
__________________
22nd December, 1992. Deputy Chairman.
J.F./J.C.
APPENDICES
1. EE9/92 Equality Officer's Recommendation.
2. The Union's notice of appeal.
3. The Union's submission.
4. The Board of Management's submission.
5. The Department of Education submission.