ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00000093

Parties:

Complaint:

Date of Adjudication Hearing: 15th July 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Location of Hearing: Dublin

Procedure:

On the 8^th October 2015, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Employment Equality Acts. The complainant is a childcare worker and the respondent is a crèche. This report should be read in conjunction with the report in ADJ 1998 that addressed complaints made pursuant to the Employment Equality Act and other statutes.

In accordance with section 79 of the Employment Equality Acts, 1998 - 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complainant asserts that she was discriminated against and harassed on grounds of race in contravention of the Employment Equality Acts. The respondent denies the claim.

Summary of Complainant’s Case:

As outlined in the report of ADJ-00001998, the complainant asserts that she was discriminated against and harassed in contravention of the Employment Equality Acts.

Summary of Respondent’s Case:

As outlined in the report of ADJ-00001998, the respondent denies that any contravention of the Employment Equality Acts occurred.

Findings and Conclusions:

The complainant asserts that she was discriminated against on the grounds of race and that she was subjected to harassment. Having considered the evidence, I find that the claims are not well founded. I am persuaded by the evidence of the owner regarding the question of whether the complainant was discriminated on the race ground. He spoke of his and his spouse’s connections to an area adjoining where the complainant is from. I find that it did not discriminate against the complainant in relation to seeking to increase her hours. I make no findings in relation to the comments regarding the complainant’s husband because, while I appreciate the emotional impact of any such comment, I do not believe they can amount to harassment within the ambit of the Employment Equality Acts.

Decision:

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint.

CA-00000133-001

Pursuant to the above findings, I decide that the complaint made pursuant to the Employment Equality Acts is not well founded.

Dated:   8^th May 2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham