EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2017-030
PARTIES
A General Operative
(Represented by Eamonn O'Hanrahan of E.M. O'Hanrahan Solicitors)
Complainant
AND
A Supermarket Chain
(Represented by Tiernan Doherty, IBEC)
Respondent
File reference: ET-158490-EE-15
Date of issue: 5 May 2017
1. Introduction:
1.1 On the 30th July 2015, the complainant referred a complaint pursuant to the Employment Equality Acts to the Equality Tribunal / Workplace Relations Commission in respect of discrimination on grounds of disability. The complaint was heard on the 30th June 2016 along with two further complaints from the same complainant. This report should be read in conjunction with the report issued in respect of ADJ-00000520. The complainant is a general operative and the respondent is a supermarket chain.
1.2 On the 31st May 2016, in accordance with powers under section 75 of the Employment Equality Acts, the Director delegated the case to me, Kevin Baneham, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts, on which date my investigation commenced. In accordance with Section 79(1) of the Employment Equality Acts and as part of my investigation I proceeded to hearing on the 30th June 2016.
1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on the 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to the 1st October 2015, in accordance with section 83(3) of the Workplace Relations Act, 2015.
2. Submissions and evidence of the complainant:
The complainant claims discrimination and victimisation on grounds of disability, a degenerative eye condition.
3. Submissions and evidence of the respondent:
The respondent denies the claims of discrimination and victimisation.
4. Findings and conclusions:
I have made detailed findings in relation to the complainant’s claims made pursuant to the Employment Equality Act in the claims addressed by ADJ- 00000520. My decision in respect of complaint reference CA-00003647-001 covers the time from the onset of the complainant’s degenerative eye problem, and the limitation period covered by this complaint. In my decision in CA-00003647-001 and ADJ-00000520, I find that the complaint in relation to reasonable accommodation is well founded and make an award of redress of €3,500. I find that the complaint of victimisation is not well founded.
5. Decision:
5.1 I have concluded my investigation of this complaint and the subject matter of this complaint is addressed by my decision in CA-00003647-001 and ADJ- 00000520.
_______________________________
Kevin Baneham
Adjudication Officer / Equality Officer
5 May 2017