FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2011 PARTIES : DEPARTMENT OF EDUCATION AND SCIENCE (REPRESENTED BY CHIEF STATE SOLICITOR'S OFFICE) - AND - SARAH CURRAN (REPRESENTED BY BOURKE & COMPANY SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal under Section 83 of the Employment Equality Acts, 1998 - 2008.
BACKGROUND:
2. The Complainant appealed the decision of the Equality Officer to the Labour Court on the 14th October, 2009. A Labour Court hearing took place on the 6th October, 2011. The following is the Court's Determination:
DETERMINATION:
This matter came before the Court by way of an appeal by Sarah Curran against the decision of the Equality Tribunal in her claim of discrimination on grounds of race against the Department of Education and Science. The claim was taken pursuant to the Employment Equality Acts 1998 to 2011 (the Acts).
In this Determination the parties are referred to as they were at first instance. Hence, Ms Curran is referred to as the Complainant and the Department of Education and Science is referred to as the Respondent.
The Case
The Complainant’s case is grounded on a claim that she was denied access to a Primary Teaching Training Course through a scheme operated by the Respondent. The qualifying criterion for entry into this scheme is residence in an officially designated Gaeltacht area. The Complainant is not resident in such an area.
The essence of the Complainant’s case is that residents of the Gaeltacht are a distinct ethnic group of which she is not a member. She claims that limiting entry to the scheme in issue to residents of the Gaeltacht constitutes discrimination on grounds of race, which, for the purpose of the Act includes ethnic origin.
The Appeal
The appeal was opened before the Court on 6thOctober 2011. In the course of the hearing it was pointed out to Counsel for the Complainant that the question of whether a particular group can be regarded as a distinct ethnic group raises questions of fact which would have to be established on expert evidence. Counsel applied for, and was granted, an adjournment so as adduce expert evidence from a suitably qualified person. The Complainant undertook to obtain a report from such a person which was to be submitted to the Court in advance of an adjourned hearing.
Despite several reminders no such report was submitted. The Court finally informed the Complainant that if such a report was not submitted by 28thFebruary 2013 it would formulate its Determination in the case on the basis of the submissions already made. The Complainant failed to furnish the Court with a report within that timeframe.
Determination
There is no evidence before the Court from which it could be held that residents of the Gaeltacht are a distinct ethnic group for the purposes of the Acts. Accordingly the within complaint cannot succeed.
The Complainant’s appeal is disallowed and the decision of the Equality Tribunal is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
4th March, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.