Labour Court Database __________________________________________________________________________________ File Number: EED9218 Case Number: EEO932 Section / Act: S27EE Parties: CRAINN CHORCA DHUIBHNE TEO - and - CRAINN CHORCA DHUIBHNE TEORANTA (IN RECEIVERSHIP;FOUR NAMED WORKERS (ONE SINCE DECEASED |
Alleged discrimination in relation to the dismissal of four workers.
Recommendation:
4. Having considered the submissions made by the workers and in
the absence of any contradictory submission by the employer, the
Court, on the basis of the information before it is of the opinion
that the workers concerned were discriminated against within the
meaning of Section 27 of the Employment Equality Act, 1977.
Having regard to their comparatively short period of service the
Court will make Orders directing the employer to pay each of the
workers a sum of #150. The Court will also make an order
directing the employer to pay a sum of the same amount to the
estate of the complainant who died after the complaint was made
but before this case was heard.
Division: Mr O'Connell Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
EED9218 ORDER NO. EEO293
EMPLOYMENT EQUALITY ACT, 1977
SECTION 27
PARTIES: CRAINN CHORCA DHUIBHNE TEORANTA (IN RECEIVERSHIP)
and
FOUR NAMED WORKERS (ONE SINCE DECEASED)
SUBJECT:
1. Alleged discrimination in relation to the dismissal of four
workers.
BACKGROUND:
2. The Company was engaged in the preparation of horticulture
produce, and employed the workers on the 2nd of March, 1992. (The
Company went into receivership on the 29th October, 1992).
The workers were employed as 'seeders' and they assisted in the
selection and cultivation of germinated seedings. They were
dismissed on the 2nd of March, 1992, after six hours of
employment. The workers contend that the reason given for their
dismissal was that "women have smaller hands, and can work
faster". They claim that they have been discriminated against in
contravention of the Employment Equality Act of 1977.
The workers referred their complaint to the Labour Court in
accordance with Section 27 of the Employment Equality Act, 1977 on
the 28th of August, 1992. The Court investigated the complaint in
Killarney, on the 10th of March, 1993.
The workers are seeking:
(i) A declaration by the Court that they were discriminated
against by the Company in relation to their dismissal.
(ii) Compensation.
The Receiver of the Company informed the Court that the Company
would not be in attendance and would not be represented at the
Court hearing.
WORKER'S ARGUMENTS:
3. 1. During discussions that preceded their employment, the
four workers were promised three days to develop their skills
as seeders. Two of the workers were harassed by their
supervisor and were not given a fair chance to learn the job.
The other two workers performed their duties to a standard
which was at least equal to the standard of work of other
seeders.
2. The workers' supervisor clearly stated to the workers that
the reason for their dismissal was that "women have smaller
hands, and can work faster".
ORDER:
4. Having considered the submissions made by the workers and in
the absence of any contradictory submission by the employer, the
Court, on the basis of the information before it is of the opinion
that the workers concerned were discriminated against within the
meaning of Section 27 of the Employment Equality Act, 1977.
Having regard to their comparatively short period of service the
Court will make Orders directing the employer to pay each of the
workers a sum of #150. The Court will also make an order
directing the employer to pay a sum of the same amount to the
estate of the complainant who died after the complaint was made
but before this case was heard.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
29th March, 1993. Deputy Chairman
M.K./J.C.