FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2008 PARTIES : IRISH LIFE AND PERMANENT TRADING AS PERMANENT TSB - AND - MARY HIGGINS (REPRESENTED BY MANDATE/JOHN J MCDONALD & CO. SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal under Section 83 of the Employment Equality Acts, 1998 to 2008
BACKGROUND:
2. The Company appealed its case to the Labour Court on the 23rd June, 2010. Labour Court hearings took place on the 15th February, 2011, and 16th May, 2011. The following is the Court's determination:
DETERMINATION:
The case comes before the Court under Section 83 of the Employment Equality Acts 1998 – 2008 by way of an appeal by the respondent Irish Life and Permanent Ltd, against a Decision of the Equality Officer issued on 28 May 2010.
The Decision of the Equality Officer was as follows: -
- Having investigated the above complaint I hereby make the following decision in accordance with Section 79(6) of the Acts.
I find that the complainant has established a prima facie case of direct discrimination in accordance with section 6(2)(a) and in terms of section 8 which the respondent has failed to rebut. In this regard the complainants allegations of discrimination are successful and I hereby order the respondent to pay her €45,000 for the effects of the discrimination in accordance with section 82. This compensation does not contain any element of remuneration and is therefore not subject to PAYE/PRSI.
I find that the complainant has failed to establish a prima facie case of direct and indirect discrimination on the family status ground and that aspect of her claim fails.
As I have found that the respondent discriminated against the complainant directly on the gender ground it is unnecessary for me to consider her claim of indirect discrimination on that ground.
The appeal came on for hearing on 15th February, 2011, and was adjourned for further hearing to 16th May, 2011. The parties acknowledged that the appeal was limited to the issue of direct discrimination and that accordingly any issue of indirect discrimination would be remitted, if necessary, to the Equality Tribunal.
At the hearing on 16 May the Respondent employee’s representative advised the Court that no evidence was to be offered on the direct discrimination issue and that the appellant’s appeal was, in that regard, conceded.
The parties further advised that all remaining issues had been settled between the parties and that in the circumstances no issue remained in dispute and no remittal to the Equality Tribunal was necessary.
The Court noted the parties' agreement.
Decision:
Having considered the submissions of, and the information supplied to it by both parties the Court allows the appeal and sets aside the Decision of the Equality Officer regarding the complaint of direct discrimination.
Having noted the agreement between the parties on all outstanding issues there is nothing that remains to be referred back to the Equality Officer for decision.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
8th June, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.