Labour Court Database __________________________________________________________________________________ File Number: AEE9114 Case Number: DEE933 Section / Act: S21EE Parties: INDEPENDENT NEWSPAPERS (IRELAND) LIMITED - and - EMPLOYMENT EQUALITY AGENCY |
Appeal by Independent Newspapers (Ireland) Limited and the Employment Equality Agency against Equality Officer's recommendation No. EE17/1991, concerning an employment advertisement published in the Sunday Independent.
Recommendation:
6. The Court has considered the appeal by the Company against the
remedy recommended by the Equality Officer. On this issue the
Court is of the opinion that the recommendation, that the
Independent Newspapers Limited carry a permanent notice regarding
discrimination, and 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 twice in the Sunday Independent and that the insertion of
a notice under (b) be made once.
Division: Mr O'Connell Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
AEE9114 DETERMINATION NO. DEE393
EMPLOYMENT EQUALITY ACT, 1977
SECTION 21(1), EMPLOYMENT EQUALITY ACT, 1977
PARTIES: INDEPENDENT NEWSPAPERS (IRELAND) LIMITED
IRISH BANQUETING SERVICES LIMITED
and
EMPLOYMENT EQUALITY AGENCY
SUBJECT:
1. Appeal by Independent Newspapers (Ireland) Limited and the
Employment Equality Agency against Equality Officer's
recommendation No. EE17/1991, concerning an employment
advertisement published in the Sunday Independent.
BACKGROUND:
2. The background to this dispute is set out in the Equality
Officer's recommendation which is attached at appendix 1.
3. The Employment Equality Agency appealed the Equality Officer's
recommendation to the Labour Court for implementation on the
following grounds:-
"1. The Respondent has failed to implement the terms of the
recommendation.
2. The grounds on which the Appellant appeals to the Court
are the following
(i) The Respondents have failed to implement the
recommendation of the Equality Officer, dated 26th
September, 1991.
(ii) The Sunday Independent have failed to place a
banner emphasising equality of opportunity for both
men and women across the top of the employment page
or pages.
(iii) The Sunday Independent and Irish Banqueting
Services have failed to place a notice or notices
totalling 24 column inches and worded as suggested
by the Agency to be placed prominently on the job
advertisement page of the Sunday Independent (the
frequency and size of the notice(s) to be agreed
with the Agency).
(iv) The Respondents have failed to defray the cost of
the notice at (iii) above which is to be borne
equally by both.
(v) Independent Newspapers (Ireland) Limited have
failed to implement strategies to ensure the proper
vetting of all employment advertisements to comply
with the Employment Equality Act, 1977".
4. The Independent Newspapers (Ireland) Limited appealed the
Equality Officer's recommendation as follows:-
"The Sunday Independent wishes to appeal to the Labour Court
on the recommendation of the Equality Officer on the above
dispute.
Our appeal is not on the acceptance of the Equality Officer
of the E.E.A. argument that the term "Head Waiters/Manager"
is discriminatory. We accept the findings that we
contravened section 8(1) of the Act.
We wish to appeal against the remedy sought by the E.E.A. and
recommended by the Equality Officer. The grounds for this
appeal are already set down in our submission and are
outlined in the recommendation. We believe:
1. The 24 column inches of space to be donated to promote
the aims of the Employment Equality Act, 1977 represents
an excessive penalty compared with the cost of the
discriminatory advertisement.
2. The inclusion of a "banner" emphasising equality of
opportunity across the top of the employment page should,
we suggested, be a feature of the page or pages. The
cost of this extra feature in our titles would be gladly
borne by us if it afforded us protection against
unwitting errors by our staff who accept over 2,000 job
advertisements every week.
We would respectfully advise the Court that as Ireland's
largest newspaper group, publishing the greatest number of
recruitment advertisements each week, we take the utmost care
in vetting advertisement copy to comply with our principles
of "legal, decent and honest". At all times we have
indicated our co-operation and support of the Employment
Equality Act, 1977".
Irish Banqueting Services Limited was not party to the appeal as
the Company has ceased trading.
5. The Labour Court heard the appeal on 30th June, 1992 and 18th
December, 1992. The parties submitted written submissions which
are attached at appendices 2 and 3. The parties expanded orally
on these submissions at the hearing.
DETERMINATION:
6. The Court has considered the appeal by the Company against the
remedy recommended by the Equality Officer. On this issue the
Court is of the opinion that the recommendation, that the
Independent Newspapers Limited carry a permanent notice regarding
discrimination, and 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 twice in the Sunday Independent and that the insertion of
a notice under (b) be made once.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
15TH March, 1993 Deputy Chairman.
M.D./J.C.