ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030820
Parties:
| Complainant | Respondent |
Parties | Sarah Adam | Dublin and Dun Laoghaire Education Training Board |
Representatives | John Curran BL | IBEC |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00041050-001 | 16/11/2020 |
Date of Adjudication Hearing: 15/10/2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 16th November 2020, the complainant referred a complaint of age discrimination pursuant to the Employment Equality Act (CA-00041050 and ADJ-00030820). The complainant also made complaints of discrimination on grounds of gender and family status, as well as pursuant to the Maternity Protection Act. These complaints are addressed in ADJ-00028925 and ADJ-00030818.
In accordance with section 79 of the Employment Equality Acts, 1998 - 2015following the referral of the complaint to me by the Director General, 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.
Summary of Complainant’s Case:
The evidence and submissions of the complainant are set out in ADJ-00028925. |
Summary of Respondent’s Case:
The evidence and submissions of the complainant are set out in ADJ-00028925. |
Findings and Conclusions:
I find that an inference of discrimination was not raised in respect of age. It is true that Ms A is younger, but I have emphasised the difference in treatment afforded to the complainant herself between 2019 and 2020. The significant difference between 2019 and 2020 was not the complainant’s age (obviously, she was one year older) but the panel knowing in 2020 of her pregnancy and maternity leave. There is insufficient evidence to show that this was anything to do with age. |
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-0004150-001 I decide that the complainant has not established a prima facie case of discrimination on grounds of age. |
Dated: 2nd December 2022
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Employment Equality Act / age |