EDA2449

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00044397 (CA-00055256-001)

BACKGROUND:

The Worker appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 15 November 2023. Labour Court hearings took place on 25 September 2024.

The following is the Determination of the Court:

DETERMINATION:

This is an appeal by the HSE (the Respondent), against Adjudication Officer Decision ADJ-00044397 -CA-00055256-001 in a claim of discrimination on the ground of age. The complaint was made pursuant to the Employment Equality Acts 1998-2015 (the Acts).  The Adjudication Officer upheld the complaint and awarded compensation of €1,000.

Background.

The Complainant submits that she was discriminated against on the grounds of age when she was informed that she did not meet the criteria for the Pandemic Payment.  The complaint was lodged with the WRC on the 23rd February 2023. The cognisable period for the purpose of the Act is 24th August 2022 to 23rd February 2023.

 Summary of the Complainant’s submission.

 The Complainant stated that she was told on the 8th February 2023 that she did not meet the criteria for the Pandemic Payment. She indicated that she was aware of someone she worked with who was ten years older than her that had received the payment. She confirmed that she did not know if other people her age or younger had received the payment.

The Complainant accepted that her appeal in respect of the Pandemic Payment was submitted to an independent group and that her employer did not sit on the appeal board. She accepted that the appeal was paper based in that the appeal board would not have met her, and that the appeal form did not require that you stated your date of birth.

 It was her submission that her year of birth was contained in her email address and therefore the appeal board would have known her age.

Summary of the Complainant’s submission.

The Respondent submitted that the Complainant did not meet the criteria for receiving the Pandemic Payment and it was not in any way linked to her age.  A dispute resolution committee was set up in conjunction with the relevant trade unions to hear appeals and they did not uphold her appeal. The Complainant has failed to establish a prima facia case of discrimination and has failed to establish a link between her age and the nonpayment of the pandemic payment and therefore her complaint must fail.

Decision.

 Having considered the parties submissions both written and oral, the Court finds that the Complainant has failed to establish a prima facia case of discrimination linked to her age, during the cognisable period and therefore, her complaint must fail.

The appeal is upheld. The decision of the Adjudication Officer is set aside.

 The Court so determines.   

	Signed on behalf of the Labour Court
	Louise O'Donnell
ÁM	______________________
07 October 2024	Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Áine Maunsell, Court Secretary.