Complainant

Respondent

Anonymised Parties

A Father

A Creche

Representatives

  Self Represented

 Not present

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00047099-001

10/11/2021

The Complainant alleged he had been discriminated against based on his gender, civil status and family status in relation to emergency contact by a Creche in relation to his child.  Due to the sensitive nature of this complaint involving a child, I have decided to use my powers to anonymize this Decision and my reasons are set out below.

The Complainant stated that he and his wife are separated and have two children together.

The Complainant alleged his wife moved one of their children Child X (Name withheld)  from one crèche to another creche (the Respondent) without his knowledge. The Complainant attended the Respondent’s premises on October 5th 2021 to introduce himself to the Creche and have his name and phone number logged as the Childs Guardian in the event of any emergency or for contact for major events. i.e. a school play. The Complainant stated in evidence that when he attended the premises a person in Reception shut the window on him and acted in a negative way towards the Complainant, stating “I Know who you are” and shouted to others “he’s here …..he’s here”.

 The Complainants child was not present at the time of the alleged incident. The Complainant was confused by the response by the person in reception and left immediately.

The Complainant received an email from the Respondent querying the use of a face mask when he visited. The Complainant stated he had a face mask on and never met the person who sent him the email.

The Complainant requested copies of the CCTV footage of the incident and was informed by the Respondent that the CCTV cameras were not active.

The Complainant submitted a District Court Order setting out the access rights of the parents to the two children.

The Complainant submitted a District Court Order appointing the Complainant as a Guardian of the two children.

The Complainant submitted the Respondents policies and alleged the Creche were not following their own policies in relation to his requests.

The Complainant was requested at the Hearing to provide a Birth certificate for his son to verify his relationship with the child. This was provided post Hearing. The Complainant gave evidence on affirmation.

A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on  November 10th 2021  alleging that the Respondent contravened the provisions of the Equal Status Act 2000 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on February 14th 2023. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present at the Hearing.

I am satisfied from the information provided at both the Hearing and post Hearing that the Complainant is the father and Guardian of the child involved. I note this not because of any suspicion to the contrary but the situation required the appropriate due diligence to verify the Complainant was the father of the child involved.

A copy of the District Court Order setting out the Parents access rights to the child involved were provided to the Hearing. The Order is silent on the issue relating to the parents rights relating to the issues in this complaint. On enquiring why the Complainant was not seeking to have the Court Order amended to include the Creche naming him as a Guardian for the purpose he sought, i.e. joint notification of an emergency or attendance at a major social occasion the Complainant cited he had been brought to Court multiple times by his former wife and the cost of going to Court was too prohibitive for him.

The Respondents policies state the following:

“Partnership with Parents/Guardians:

The service recognises the importance of working with parents/guardians. It has an “open door” policy where families are always welcome but where the needs of all of the children in our care are always the first priority. Parents/guardians will be made feel welcome and regular exchange of information with parents/guardians and staff will enable a two-way process of support. Parents/guardians will be made aware of any observations, records and notes kept by us about their children including patterns of behaviour, conversations and any injuries/bruising they may have upon arrival to the service. All records will be made available upon request and are kept confidentially and securely. All parents/guardians will be made aware of our policies and procedures.(For further information see our Partnership with Parents/Guardians Policy) Complaints:

Our children/staff/parents/guardians have the right to voice their opinions and concerns. It is our policy to welcome all suggestions, comments and complaints in Respondent  Childcare Policies & Procedures July 2019 152 relation to our service. Any comments or suggestions can be made to any member of staff. We will give careful attention and prompt and courteous response to any suggestions, comments or complaints. (For further information see our Complaints Policy).

If a complaint involves a child protection concern, the reporting procedure will be followed in line with this Child Protection Policy. Management of Day Trips/Outings: The service aims to provide children with a varied and wide experience and from time to time may organise day trips/outings. It is our policy to ensure the safety and wellbeing of children during these activities through planning, risk assessment, management and supervision of the activity. In managing and planning these activities we: Inform parents/guardians of the proposed outing, method of travel and supervision.

Seek written consent from the parents/guardians – children will not be able to participate in the activity unless this has been obtained.

 Ensure adequate number of personnel are present and that the children are supervised at all times.

Ensure that the person in charge has access to a mobile in case of an emergency.

 A risk assessment of the venue or facility will be carried out and reviewed annually.

 Ensure that adequate insurance is in place for the outing.

Ensure staff are familiar with emergency procedures.

Ensure that the method of transport complies with relevant safety requirements and insurance.

 We will ensure that the appropriate staff/child ratios are maintained in line with the Child Care Act 1991 (Early Years Services) Regulations 2016 and the risk assessment.

 Where appropriate, parents/guardians may be invited to accompany their children on the outing.

 Emergency contact details for all children will be brought on the trip.

Safety measures such as: frequent head counts/ roll calls and name tags will be used.

First aid box will be brought and a qualified first aider will be present”.

I find that the Complainant as father and Guardian of the child should be treated equally as the mother in accordance with the Respondents polices.

I find, that based on the Respondents own policy, that the Complainant is entitled to be treated the same as the mother in relation to notification of an emergency relating to the Child at the Creche and that he should be notified of any major social and sports events which involve his child and should be allowed attend same.

I find that the Respondent did engage in prohibited conduct against the Complainant on the basis of his family status and should arrange to meet with the Complainant at their premises within two weeks of this Decision being issued to the Parties, to note his address, email and phone details.

I find that in the spirit of the legislation which this complaint is brought under, the Equal Status Act, that the mother of the child involved, although not a party to this complaint, should be notified by the Respondent, within a week of this decision being issued to the Parties, of this Decision.

I find the Respondent did engage in the prohibited conduct and under Section 27 (b) order that the Respondent take the course of actions specified above in my Findings.

I decide that this Decision should remain in force unless amended by the outcome of an appeal to the Labour Court or amended by a District Court Order.

As mentioned above I have decided to use my discretionary powers to anonymise this decision on the basis that it indirectly concerns a child and due to a Court Order concerning access rights of both parents being produced in evidence at the Hearing, neither of which, in my opinion, are necessary or in the public interest to disclose.

Equal status