FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2007 PARTIES : A GOVERNMENT OFFICE - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal under Section 83 of the Employment Equality Acts, 1998 To 2007.
BACKGROUND:
2. The worker appealed his case to the Labour Court on the 31st December, 2008. A Labour Court hearing took place on the 12th June, 2009, in Wexford. The following is the Court's determination:
DETERMINATION:
The Claimant has provided informal guided tours at Tintern Abbey, Co. Wexford since 1994.
Since 1998, he has sought employment as a seasonal guide but has been unsuccessful in his application.
On 9th May 2006, the Claimant, who has a hearing disability, referred a claim of discrimination on the ground of disability to the Equality Tribunal. The Claimant also alleged victimisation as defined in Section 74 (2) of the Act.
In his decision, dated August 2008, the Equality Officer found that the respondent had rebutted the inference of disability raised and that no case of discriminatory treatment on the ground of disability had been established. He also found that no substantive evidence had been offered by the Claimant to substantiate a claim that victimisation, as defined in the Acts, had taken place.
On 17th September, 2008, the Claimant appealed against this decision to the Labour Court.
At a hearing convened in Wexford on 12th June, 2009, the Applicant offered submissions to the Court, which referred solely to matters which had occurred since the Equality Officer's hearing of the complaint. It was explained to him that these were inadmissible and that he must confine his appeal to the matters considered in the Equality Officer's Decision.
The matter was adjourned to allow the Claimant time to consider the position.
In various correspondences to the Court between July and September, 2009, the Claimant reiterated the matters within his most recent submission. On 24th September, 2009, he added that he considered his original submission to still be viable.
The facts of the case are set out in the Equality Officer's Decision. As no material evidence was produced by the Claimant, either at or subsequent to the hearing, which advance in any way his case as submitted and as heard by the Equality Officer, the Court finds no grounds to alter the Decision of the Equality Officer and dismisses the appeal.
The Court so determines.
Signed on behalf of the Labour Court
Raymond McGee
9th October, 2009.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.