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2003 Employment Equality Decisions

Reference Number:Complainant vs Respondent:Key Words:Full Case Report:
DEC-E2003/001A Named Female Employee(Represented by Donal Taaffe & Co., Solicitors) V A Named Respondent(Represented by VP McMullin, Solicitors)Employment Equality Act, 1998 Sections 6 and 8 - Employment - Gender - Prima Facie case - Harassment - Sexual Harassment - VictimisationDEC-E2003/001 Full Case Report
DEC-E2003/002AN EMPLOYEE AND AN EMPLOYER (IN LIQUIDATION)
(REPRESENTED BY A FIRM OF SOLICITORS)

Employment - Equal Pay - Treatment - Harassment - Victimisation- Age- Sexual Orientation - Direct Discrimination - Prima Facie Case - Employment Equality Act, 1998: sections 6,8, 29, 32 and 74.

 

DEC-E2003/002 Full Case Report
DEC-E2003/00344 Named Male and Female Complainants(Represented by MANDATE) AND Superquinn
(Represented by I.B.E.C.)

Employment - discrimination - sick pay - deductions - marital status - gender - Employment Equality Act, 1977 - Employment Equality Act, 1998 - section 106 - transitional provisions. 

 

DEC-E2003/003 Full Case Report
DEC-E2003/004A Complainant(Represented by Eamonn Fleming & Co, Solicitors)
AND Bus Éireann		Employment - discrimination - disability - bus driver - school bus - city bus - right bundle branch block - medial examination - sudden incapacity - relative stress levels - objective criteria - reasonable accommodation - contrary medical opinions - EU Directive 91/439/EEC - Road Traffic (Licensing of Drivers) Regulations, 1999 - Employment Equality Act, 1998: section 6; section 8; section 16; section 75.  DEC-E2003/004 Full Case Report
DEC-E2003/005A Male Complainant(Represented by MANDATE) AND A Bar & Restaurant(Represented by John F Flannery & Associates)

Employment - discrimination - sexual orientation - Employment Equality Act, 1998 - section 78 - failure to resolve at mediation - time limit for application for resumption of hearing

 

DEC-E2003/005 Full Case Report
DEC-E2003/006Gordon AND De Beers Industrial Diamonds Ltd(Represented by IBEC)Employment Equality Act, 1998 - employment - gender - direct discrimination - indirect discrimination - section 18; section 19; section 75; section 79 - "whether the different rates of remuneration...are lawful" - "grounds other than gender" - shift allowance - job evaluations - EU Directive No 91/533/EEC - Terms of Employment (Information) Act, 1994 - Industrial Relations Acts, 1946-1990.  DEC-E2003/006 Full Case Report
DEC-E2003/007Spaight AND De Beers Industrial Diamonds Ltd(Represented by IBEC)Employment Equality Act, 1998 - employment - gender - direct discrimination - indirect discrimination - section 18; section 19; section 75; section 79 - "whether the different rates of remuneration...are lawful" - "grounds other than gender" - shift allowance - job evaluations - EU Directive No 91/533/EEC - Terms of Employment (Information) Act, 1994 - Industrial Relations Acts, 1946-1990DEC-E2003/007 Full Case Report
DEC-E2003/008Wall AND De Beers Industrial Diamonds Ltd(Represented by IBEC)Employment Equality Act, 1998 - employment - gender - direct discrimination - indirect discrimination - section 18; section 19; section 75; section 79 - "whether the different rates of remuneration...are lawful" - "grounds other than gender" - shift allowance - job evaluations - EU Directive No 91/533/EEC - Terms of Employment (Information) Act, 1994 - Industrial Relations Acts, 1946-1990.DEC-E2003/008 Full Case Report
DEC-E2003/009Welsh AND De Beers Industrial Diamonds Ltd(Represented by IBEC)Employment Equality Act, 1998 - employment - gender - direct discrimination - indirect discrimination - section 18; section 19; section 75; section 79 - "whether the different rates of remuneration...are lawful" - "grounds other than gender" - shift allowance - job evaluations - EU Directive No 91/533/EEC - Terms of Employment (Information) Act, 1994 - Industrial Relations Acts, 1946-1990.  DEC-E2003/009 Full Case Report
DEC-E2003/010Mr. Jonathan Langan(Represented by MANDATE) V C-Town LimitedEmployment Equality Act, 1998 Sections 7 and 29 - Employment - Equal Pay - Like WorkDEC-E2003/010 Full Case Report
DEC-E2003/011Coolbear V Prompto Despatch Limited(Represented by Joyce & Co. Solicitors)Employment Equality Act, 1998 Section 29 - Employment - Equal Pay - Marital Status -
Issue of Gross Pay vs Net Pay		DEC-E2003/011 Full Case Report
DEC-E2003/012Kearney -V - Department of Environment and Local GovernmentEmployment – Access to Employment - Interview - Discrimination - Race - Prima Facie case - Employment Equality Act, 1998: Sections 6 and 8.DEC-E2003/012 Full Case Report
DEC-E2003/013Moriarty(Represented by Thomas A Walsh & Co, Solicitors) AND Dúchas - The Heritage ServiceEmployment Equality Act, 1998 - discrimination - victimisation - marital status - age - seasonal work - long term temporary contracts - permanent positions - contract extension - rostering anomaly - section 6; section 8; section 74; section 75 - European Communities (Burden of Proof in Gender Discrimination Cases) Regulations, 2001 (SI 337 of 2001). DEC-E2003/013 Full Case Report
DEC-E2003/014Burke(Represented by the INO) V South Eastern Health Board
(Represented by the HSEA)		Employment Equality Act, 1998 - Employment - Promotion - Gender - Direct - Sections 6
and 8 - Prima facie claim		DEC-E2003/014 Full Case Report
DEC-E2003/015A Named Complainant V A Named Company(Represented by Mr. Bell B.L. instructed by Martin C. Ryan & Co., Solicitors)Employment Equality Act, 1998 Sections 6 and 8 - Employment - Sexual Orientation - Contract for or of service - Franchisee or EmployeeDEC-E2003/015 Full Case Report
DEC-E2003/016Kenna, Lynch, McLoughlin and Slevin
(Represented by SIPTU) AND Central Bank of Ireland(Represented by IBEC)		Employment - discrimination - gender - equal pay - like work - similar work - work of equal value - work inspections - skill - physical effort - mental effort - responsibility - working conditions - Employment Equality Act, 1998: section 7 (1) (b); section 7 (1) (c); section 18; section 19 (1); section 75.  DEC-E2003/016 Full Case Report
DEC-E2003/017SWEENEY(REPRESENTED BY THE EQUALITY AUTHORITY) AND SAEHAN MEDIA IRELAND LTD.(REPRESENTED BY IBEC) DEC-E2003/017 Full Case Report
DEC-E2003/018Burke(Represented by Ms. Honan, B.L. instructed by Augustus Cullen & Son, Solicitors) V The Ashford Clinic
(Represented by Haughton McCarroll,
Solicitors)		Employment Equality Act, 1998 Sections 6, 8 and 74 - Employment - Promotion - Treatment - Gender - Family Status - Age - Race - VictimisationDEC-E2003/018 Full Case Report
DEC-E2003/019Burke(Represented by Ms. Honan B.L. and Mr. Sheridan B.L. instructed by Augustus Cullen & Son, Solicitors)
V The Ashford Clinic(Represented by Haughton McCarroll, Solicitors)		Employment Equality Act, 1998 Sections 7 and 29 - Employment - Equal Pay - Like Work - RaceDEC-E2003/019 Full Case Report
DEC-E2003/020Six Named Employees(Represented by IMPACT and SIPTU) V
Dublin Institute of Technology		Employment Equality Act, 1998 Sections 7 and 19 - Employment - Equal Pay - Like Work - GenderDEC-E2003/020 Full Case Report
DEC-E2003/021Waldron V North Western Health Board(Represented by VP McMullin Solicitors)Employment Equality Act, 1998 Sections 6 and 8 - Employment - Working Conditions - Marital Status - Family Status - Time Limit - JurisdictionDEC-E2003/021 Full Case Report
DEC-E2003/022Ms Kathleen Moore Walsh (Represented by the Teachers' Union of Ireland) vs Waterford Institute of Technology(Represented by Arthur Cox Solicitors) DEC-E2003/022 Full Case Report
DEC-E2003/023Ahmed V ICTS (UK) Limited
(Represented by Denis McSweeney
Solicitors)		Employment Equality Act, 1998 Sections 6 and 8 - Employment - Discriminatory Questions - Religion - Race - Prima Facie claimDEC-E2003/023 Full Case Report
DEC-E2003/024Mr Thomas O'Connor vs GTS Reprographics Ltd(Represented by Egan O'Reilly, Solicitors) DEC-E2003/024 Full Case Report
DEC-E2003/025Stewart(Represented by SIPTU)
V The Mid-Western Health Board
(Represented by the HSEA)		Employment Equality Act, 1998 Section 19 - Equal Pay - Gender - Grounds other than GenderDEC-E2003/025 Full Case Report
DEC-E2003/026Tobin(Represented by SIPTU) V
The Mid-Western Health Board
(Represented by the HSEA)		Employment Equality Act, 1998 Section 19 - Equal Pay - Gender - Grounds other than GenderDEC-E2003/026 Full Case Report
DEC-E2003/027An Employee(Represented by The Equality Authority) -v- An Employer
(Represented by Doyle Lowney & Co. Solicitors)		 DEC-E2003/027 Full Case Report
DEC-E2003/028Bleach -v- Our Lady Immaculate Senior School & The Department of Education and Science DEC-E2003/028 Full Case Report
DEC-E2003/029A Complainant AND FÁS (Represented by William Fry, Solicitors)Employment Equality Act, 1998: section 8; section 75; section 76; section 77; section 85; section 90 - Lunacy Regulations (Ireland) Act, 1871 - vocational training – discrimination -  intellectual disability - learning disability - referral of claim on behalf of a complainant  - jurisdiction of the Equality Tribunal - Senior Counsel’s Opinion - principles of statutory interpretation - ward of court - locus standi - rules of court - previous claims. DEC-E2003/029 Full Case Report
DEC-E2003/030Glennon(Represented by ASTI) AND
Board of Management, St Clare's Comprehensive School and the Minister for Education and Science		Employment Equality Act, 1998: section 6; section 8; section 16; section 22; section 24; section 75 - Education Act, 1998 - Payment of Wages Act, 1991 - European Communities (Gender of Proof in Gender Discrimination Cases) Regulations, 2001 (SI 337 of 2001) - Employment Equality Act, 1977 - Council Directive 76/207/EEC - Article 141 EC -  employment -  discrimination - gender - teacher - promotion competition - gender balance - composition of Selection Committee - selection criteria - reckonability of career breaks for service - extra-curricular activity - reduced availability due to pregnancy, childbirth and childcare - positive action - quota systems - whether the Minister is a correct respondent.DEC-E2003/030 Full Case Report
DEC-E2003/031Benson(Represented by IMPACT)
V Mayo County Council(Represented by the LGSNB)		Employment Equality Act, 1998 Sections 6, 8 and 74 - Employment - Acting-up Positions - Working Conditions - Gender - Marital Status - VictimisationDEC-E2003/031 Full Case Report
DEC-E2003/032Reynolds(Represented by Mr. Sheehan B.L. instructed by Connolly Sellors Geraghty, Solicitors)
V Limerick City Council(Represented by the LGMSB)		Employment Equality Act, 1998 Sections 6 and 8 - Employment - Promotion - Age - Time Limits - Inference of Discrimination - Burden of ProofDEC-E2003/032 Full Case Report
DEC-E2003/033Amrabure(Represented by Colgan & Co. Solicitors) V IBM International Holdings BV(Represented by Arthur Cox Solicitors)Employment Equality Act, 1998 Sections 6 and 8 - Employment - Training - Promotion - Discriminatory Treatment - Victimisation - RaceDEC-E2003/033 Full Case Report
DEC-E2003/034Amrabure(Represented by Colgan & Co., Solicitors) V IBM(Represented by Arthur Cox, Solicitors)Employment Equality Act, 1998 Sections 7 and 29 - Employment - Equal Pay - Like Work - RaceDEC-E2003/034 Full Case Report
DEC-E2003/035Gillen AND Department of Health and Children(Represented by the Chief State Solicitor)

Employment Equality Act, 1998: section 6; section 8; section 31; section 33; section 75; section 77; section 82 - European Communities (Burden of Proof in Gender Discrimination Cases) Regulations, 2001 (SI 337 of 2001) - Interpretation Act, 1937 - Statute of Limitations Act, 1957 - Freedom of Information Act, 1997 -  employment - discrimination - age - time limit - promotion competition - interdepartmental competition - consistory - age profiles - average age - selection criteria - interview notes - marking schemes - positive action - performance assessment - promotion statistics - indirect discrimination.

 

DEC-E2003/035 Full Case Report
DEC-E2003/036McGarr AND Department of Finance
(Represented by the Chief State Solicitor)

Employment Equality Act, 1998: section 8; section 9; section 19; section 29; section 31; section 34; section 75 - Civil Service Regulation Act, 1956 -Framework Directive (Council Directive 2000/87/EC) - employment - discrimination - age - indirect discrimination - promotion competition - service requirement - exemptions - relative seniority - increased costs - objective justification - acquisition of experience - industrial relations harmony.

 

DEC-E2003/036 Full Case Report
DEC-E2003/037Fearn(Represented by the Equality Authority) V Emerald Contract Cleaners(Represented by Management Support Services (Ireland) Limited)Employment Equality Act, 1998 Sections 6 and 8 - Employment - Demotion -Discriminatory Comments - Sick leave pay - Gender - PregnancyDEC-E2003/037 Full Case Report
DEC-E2003/038LEAHY(REPRESENTED BY SIPTU) AND LIMERICK CITY COUNCIL

Employment Equality Act, 1998: sections 6, 8 and 34; employment;  direct discrimination;  age; retirement age; conditions of employment; categories of employee; prima facie case.

 

DEC-E2003/038 Full Case Report
DEC-E2003/039MORRISSEY ANDDUNLAOGHAIRE/RATHDOWN COUNTY COUNCIL

Employment Equality Act, 1998: sections 6, , 29  and 34; employment; equal pay, direct discrimination;  age;up-grading of post; retirement lump sum.

 

DEC-E2003/039 Full Case Report
DEC-E2003/040Blaney(Represented by Hamilton Turner, Solicitors) AND Bank of Ireland (Represented by Arthur Cox, Solicitors)Employment Equality Act, 1998: section 6; section 15; section 19; section 75 - Anti-Discrimination (Pay) Act, 1974 - Employment Equality Act, 1977 - Treaty of Rome, Article 119 - EC Treaty, Article 141 - employment - discrimination - gender - marriage gratuity - binding precedent - grounds other than sex - repealed legislation - distinguishable facts - Community law.DEC-E2003/040 Full Case Report
DEC-E2003/041Ebbs(Represented by Hamilton Turner, Solicitors) AND Bank of Ireland(Represented by Arthur Cox, Solicitors)Employment Equality Act, 1998: section 6; section 15; section 19; section 75 - Anti-Discrimination (Pay) Act, 1974 - Employment Equality Act, 1977 - Treaty of Rome, Article 119 - EC Treaty, Article 141 - employment - discrimination - gender - marriage gratuity - binding precedent - grounds other than sex - repealed legislation - distinguishable facts - Community law.DEC-E2003/041 Full Case Report
DEC-E2003/042Quilter(Represented by Ms. Martin, EAP
Consultant) V Kerry Agri Business		Employment Equality Act, 1998 Sections 7, 19 and 29 - Employment - Equal Pay - Like Work - Gender - AgeDEC-E2003/042 Full Case Report
DEC-E2003/043Quilter(Represented by Martin, EAP Consultant) V Kerry Agri BusinessEmployment Equality Act, 1998 Sections 6 and 8 - Employment - Discriminatory Treatment - Promotion - Regrading/Reclassification of Post - Gender - Age - Validity of claimDEC-E2003/043 Full Case Report
DEC-E2003/044HAZRA(REPRESENTED BY THE EQUALITY AUTHORITY) AND WATERFORD REGIONAL HOSPITAL(REPRESENTED BY NOLAN, FARRELL AND GOFF - SOLICITORS) DEC-E2003/044 Full Case Report
DEC-E2003/045HALLINAN AND WESTERN PEOPLE NEWSPAPER(REPRESENTED BY RONAN, DALY, JERMYN - SOLICITORS)

Employment Equality Act, 1998: sections 2, 6, 8 and 29; equal pay; disability; like work, contract of employment; employee; contract of service; contract for service.

 

DEC-E2003/045 Full Case Report
DEC-E2003/046O'Loughlin V Irish Medical Council(Represented by Mr. Mallon B.L.
instructed by McDowell Purcell Solicitors)		Employment Equality Act, 1998 Sections 6, 8 and 13 - Employment - Discriminatory
Treatment - Harassment - Victimisation - Claim under an Equality Clause - Claim in relation to a Collective Agreement - Gender - Race - Failure to attend hearing - Prima Facie claim		DEC-E2003/046 Full Case Report
DEC-E2003/047A Named Female (CBF)(Represented by SIPTU) V A Named Company (RPCL)(Represented by a named firm of
Solicitors)		Employment Equality Act, 1998 Sections 6 and 8 - Employment - Discriminatory Treatment - Victimisation - Marital Status - Family Status - Religion - Sexual Orientation - Time Limit - JurisdictionDEC-E2003/047 Full Case Report
DEC-E2003/048Ms Deborah Costello(Represented by Ms Mary Brunel) vs Pamella Scott(Represented by Beauchamps Solicitors) DEC-E2003/048 Full Case Report
DEC-E2003/049MS. ANNE TREANOR AND TWO NAMED FEMALE EMPLOYEES(REPRESENTED BY GPMU)
AND DONEGAL DEMOCRAT LTD.		Employment Equality Act, 1998: section 7; section 19 -  Anti-Discrimination (Pay) Act, 1974: sections 2 and 3- Equal Pay - Gender – Like Work.DEC-E2003/049 Full Case Report
DEC-E2003/050Mr Martin Sweeney(Represented by the Equality Authority) vs John McHale Ltd(Represented by Howley Carter & Co., Solicitors) DEC-E2003/050 Full Case Report
DEC-E2003/051DUNBAR(REPRESENTED BY THE EQUALITY AUTHORITY) AND
GOOD COUNSEL COLLEGE, NEW ROSS(REPRESENTED BY THE JOINT MANAGERIAL BODY
ASSOCIATION OF MANAGEMENT OF CATHOLIC SECONDARY SCHOOLS)		Employment Equality Act, 1998: sections 6 and 8; employment - direct discrimination - age - promotion competition - seniority - determining criteria - victimisation.DEC-E2003/051 Full Case Report
DEC-E2003/052Mr. O(Represented by Ms. Honan B.L.
instructed by O'Mara Geraghty McCourt,
Solicitors) V A Named Company(Represented by Mr. Horan B.L.
instructed by Michael McInerney & Co.,
Solicitors)		Employment Equality Act, 1998 Sections 6, 8, 32 and 74 - Employment - Discriminatory
Treatment - Harassment - Victimisation - Disability - Prima Facie claim - Reasonable Accommodation		DEC-E2003/052 Full Case Report
DEC-E2003/053A Complainant(Represented by O'Mara Geraghty McCourt, Solicitors) AND
A Financial Institution(Represented McKeever Rowan, Solicitors)		Employment Equality Act, 1998: section 6; section 18; section 23; section 74; section 75 - European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (SI No 337 of 2001) - Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002 (SI No 78 of 2002) - employment - discrimination - gender - sexual harassment - victimisation.DEC-E2003/053 Full Case Report
DEC-E2003/054Mr. C Vs Iarnód ÉireannEmployment Equality Act, 1998 Sections 6 and 8 - Access to Employment - Disability - Reasonable Accommodation - Nominal CostDEC-E2003/054 Full Case Report
DEC-E2003/055A Complainant(Represented by a union)
AND A Health Board		Employment Equality Act, 1998: section 6; section 18; section 23; section 75 - European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (SI No 337 of 2001) - Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002 (SI No 78 of 2002) - employment - discrimination - gender - sexual harassment.DEC-E2003/055 Full Case Report
DEC-E2003/056WICKHAM(REPRESENTED BY SIPTU) AND SPS INTERNATIONAL LTD.(REPRESENTED BY IBEC)Employment Equality Act, 1998: sections 6, 8, 23 and 32 - employment - direct discrimination - gender- disability - conditions of employment- return to work after absence.DEC-E2003/056 Full Case Report
DEC-E2003/057Stephen Noonan(Represented by Mandate) -v- Tesco IrelandThe Employment Equality Act, 1998: section 6, 8, 31 - Conditions of Employment - Marital Status - Family Status - Direct Discrimination - Indirect Discrimination - Prima Facie Case - Use of the Privilegecard - Staff Discount Scheme - Permanent ResidenceDEC-E2003/057 Full Case Report
DEC-E2003/058Ginley(Represented by Mandate) AND
Tesco Ireland		Employment Equality Act, 1998: section 18; section 19; section 75; section 79; section 94; section 95; section 96 - employment - discrimination - gender - equal pay - like work - grounds other than gender - drawing of inference.DEC-E2003/058 Full Case Report
DEC-E2003/059WILLIAMSON(REPRESENTED BY TUI) AND MONAGHAN VOCATIONAL EDUCATION COMMITTEEEmployment Equality Act, 1998: sections 6 and 8 - employment - direct discrimination - gender- promotion - reckonable service - policy of bias in favour of males in management positions.DEC-E2003/059 Full Case Report
DEC-E2003/060CARROLL(REPRESENTED BY TUI)
AND MONAGHAN VOCATIONAL EDUCATION COMMITTEE		Employment Equality Act, 1998: sections 6 and 8 - employment - direct discrimination - gender- promotion - reckonable service - policy of bias in favour of males in management positions.DEC-E2003/060 Full Case Report