EQUAL STATUS ACTS 2000 AND 2012
DECISION NO. DEC-S2017-013
PARTIES
A Citizen
v
A Government Department
File reference: ES/2013/0077
Date of issue: 22 March 2017
HEADNOTES: Equal Status Acts – Gender – Marital Status – Age
1. Dispute
1.1 This dispute concerns a claim by the Complainant that she was discriminated against in terms of Sections 3(1)(a), 3(2)(a)(c)(f) of the Equal Status Act, 2000-2012 by a Government Department on grounds of Gender, Age and Marital Status in the calculation of her Social Welfare entitlements specifically her Pension entitlements
1.2 The Complainant referred her claim against the Department to the Director of the Equality Tribunal under the Equal Status Acts on the 9th July 2013. On the 9th January 2017 in accordance with section 25 of the Equal Status Act 2000 to 2014, the Director of the Equality Tribunal then delegated the case to me, Michael McEntee, an Equality and Adjudication Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director on which date the investigation under Section 25 commenced. Submissions were received from both sides and as part of my investigation I proceeded to a hearing on the 16th February 2017.
1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.
2 Summary of Complainant’s submission
Social Welfare regulations, as currently enacted , have resulted in the Complainant receiving a lesser pension than fellow citizens who retired pre-2012. The Complainant does not have children born post 1994 -the date of the introductions of the “Homemakers” scheme and is ineligible for Social Welfare credits towards her pension on that account.
If she had been born pre-April 6th 1946 she would also qualify for a full pension.
All told, these anomalies in the Social Welfare Regulations have resulted in an act of discrimination on Age, Gender and Marital Status grounds.
3: Summary of Respondents Submission
3:1 The Social Welfare provisions are based on legislation passed by the Oireachtas.
Section 14 of the Equal Status Acts 2000 to 2015 states:
“(1) Nothing in this Act shall be construed as prohibiting –
(a) The taking of any action that is required by or under –
(i) Any enactment or order of a court, ----”
The Equal Status Acts do not apply in this case. Extensive case law was quoted in support of this position. The Minister for Justice, Equality and Law Reform and the Commissioner of an Garda Siochana v The Director of the Equality Tribunal [2010] 2 IR 455 being the headline case.
Accordingly, the Adjudicator /Equality Officer does not have jurisdiction to hear this case.
4 Conclusions /relevant Law
4:1 The legal Authorities quoted by the Respondent and the relevant Section 14 of the Equal Status Act 2000 to 2015 (both quoted above) confirm that I do not have jurisdiction in this case.
5 Decision
5:1 In reaching my decision, I have considered all the submissions, written and oral that were made to me. In accordance with section 25(4) of the Equal Status Acts, I conclude this investigation and issue the following decision.
By reference to Section 14 of the Equal Status Acts 2000 to 2015 I do not have Jurisdiction to hear this case.
The claim must be dismissed.
________________
Michael McEntee
Equality Officer /Adjudication Officer
March 2017