FULL RECOMMENDATION
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011 PARTIES : A RETURNING OFFICER - AND - A WORKER (REPRESENTED BY BERWICK SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Appeal Of Adjudication Officer Decision No: DEC-E2017-003
BACKGROUND:
2. This is an appeal by an Employer against the decision of an Adjudication Officer in a complaint made against it by an employee that she was discriminated against on ground of age in terms of the Employment Equality Acts 1998 to 2015. A Labour Court hearing took place on 8th June 2017. The following is the Court's determination:
DETERMINATION:
Ms M M was employed by Mr P W as a returning Officer over a number of years until he wrote to her on 22 April 2015 to the effect that he had with immediate effect introduced a mandatory retirement age and informing her that, as she had reached that age, he would not consider her for future employment.
She filed a complaint with the Workplace Relations Commission under the Employment Equality Act 1998 - 2011 alleging discrimination on the age ground .
The Adjudication Officer heard the parties and issued decision reference number DEC-E2017-003 on 13 January 2017 in which she decided
- I have concluded my investigation of this complaint. Based on all of the foregoing, I find, pursuant to Section 79(6) of the Act, that
(i) the respondent has discriminatorily dismissed the complainant on the ground of gender.
Therefore, I find for the complainant.
I hereby order, that
(a) the respondent pay the complainant the sum of €3000 in compensation for the effects of the discrimination. This figure represents compensation for infringement of her rights under employment equality legislation in relation to discrimination and does not include any element relating to remuneration and is therefore not taxable.
(b) the respondent reinstates the complainant on the list used to appoint Returning Officers.
The hearing of the appeal was scheduled to take place on 8 June 2017. When the case was called Mr PW told the Court that he had engaged in discussions with the Complainant's legal representatives and had reached a satisfactory settlement on all of the matters before the Court. As a consequence he stated that he did not wish to proceed with the appeal and that if it did proceed would not be offering any evidence to the Court..
The Complainant's legal representatives told the Court that they would not be seeking to enforce the decision of the Adjudication Officer as a full settlement of all matters had been agreed between the parties.
On the basis that the Court struck out the appeal.
Determination
The appeal has been struck out for the reasons set out above.
Signed on behalf of the Labour Court
Brendan Hayes
JD______________________
21 June 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Deegan, Court Secretary.