Mr S and Ms P
v
A Company, Wicklow
(Represented by Barra Faughnan BL, on the instructions of Actons Solicitors)
Headnotes
Employment Equality Act 1998: section 6; section 8; section 75 - employment - discrimination - race - lay offs - work permits - immigration law - alleged criminal activity - termination of employment.
Background
This dispute concerned a claim by two Czech complainants that they were discriminated against by the respondent on the ground of race when they were unfairly selected for lay off, at times when Irish employees continued to be paid. Mr S was employed as a skilled spray painter and Ms P was engaged as an unskilled general operative. The respondent denied that discrimination had occurred. It said that a downturn in its business had required it to temporarily lay off several members of staff for a period of time. It said it required skilled and flexible employees to carry out such work as was available, and claimed Mr S was unwilling to be flexible and Ms P was not skilled.
Conclusions
The Equality Officer noted that the respondent company ceased to trade approximately eight months after the complainants' employment ceased. She was satisfied that the lay off was a necessary step for the respondent to take to attempt to secure its future, and she concluded that the decision not to ask the complainants to work had no connection with the race ground.
Decision
The Equality Officer found that the respondent did not discriminate against the complainants contrary to the provisions of the Employment Equality Acts 1998 - 2004.
Cases cited
No cases cited.