FULL RECOMMENDATION
SECTION 21, EMPLOYMENT EQUALITY ACT, 1977 PARTIES : DUBLIN INSTITUTE OF TECHNOLOGY, CITY OF DUBLIN VOCATIONAL EDUCATION COMMITTEE (REPRESENTED BY PATRICK F O'REILLY & CO) - AND - MR. BRIAN DOOLAN (REPRESENTED BY THE TEACHERS' UNION OF IRELAND) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Appeal by Mr. Brian Doolan ('the Claimant') Against Equality Officer's Recommendation EE13/1993.
BACKGROUND:
2. The dispute concerns a claim by the Claimant that he was denied adoptive leave because of his sex, contrary to Section 3(1) and 3(4) of the 1977 Employment Equality Act ('the Act') in terms of Section 2(a) of that Act. The claim was investigated by an Equality Officer who, in his Recommendation (29/6/93), found that the College of Commerce/City of Dublin VEC did not discriminate against the Claimant contrary to the provisions of the Employment Equality Act, 1977.
The Claimant appealed the Equality Officer's Recommendation to the Labour Court, on the 9th August, 1993, on the following grounds:-
(i) the Equality Officer erred in law and in fact in finding that the College of Commerce/City of Dublin VEC did not discriminate against the Claimant contrary to Section 3 of the Employment Equality Act, 1977 in terms of Section 2 of that Act;
(ii) that the Equality Officer erred in law and in fact in not providing an appropriate remedy to the Claimant in respect of the discrimination suffered, and
(iii) on all grounds submitted during the Equality Officer's investigation and on any other grounds which might arise during the course of the appeal.
The appeal hearing commenced on the 3rd of February, 1994 and was adjourned, pending the High Court judgement (19th April, 1996) and the Supreme Court judgement (4th February, 1998) in the appeals of DEE/5/94 (Telecom Eireann -V- Brendan Patrick O'Grady), until the 7th of October, 1998.
The parties made written submissions to the Court which were expanded upon orally during the course of the appeal hearing.
DETERMINATION:
At the commencement of the resumed hearing of this case the representative of the Respondent conceded that in view of the decision of the Supreme Court in the case of Telecom Eireann and Brendan Patrick O'Grady, it could no longer contest the Claimant's complaint that he had suffered unlawful discrimination by being denied adoptive leave.
Accordingly, the Court finds that the Claimant, Mr. Brian Doolan, suffered discrimination contrary to Sections 3(1) and 3(4) of the Employment Equality Act 1977 within the meaning of Section 2(a) of the Act by being refused adoptive leave in April, 1991.
In the circumstances of this case the only practical remedy available to the Claimant is compensation.
The Court has given careful consideration to the submissions of the parties on how it should measure the quantum of compensation due to the Claimant. The Court accepts that in refusing the Claimant adoptive leave the Respondent was doing no more than implementing the directive which it had received from the Department of Education which appeared to be in line with the law as it was then understood. The Respondent had no discretion in the matter and there could be no element of malice in the Respondent's conduct which could justify a punitive component in the calculation of compensation. While the Claimant did not suffer any pecuniary loss in consequence of being denied adoptive leave, he did suffer emotional loss and distress for which he must be compensated.
Having regard to all the circumstances of this case the Court awards the Claimant compensation for the unlawful discrimination which he suffered, in the amount of £6,500.
Signed on behalf of the Labour Court
Kevin Duffy
22nd October, 1998______________________
MK/BCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Keegan, Court Secretary.