Board of Management St Marys on the Hill National School (Represented by Mr. Feichin McDonnagh, S.C., Instructed by Diarmaid O Cathain Solicitors). v Clare Lovett (Represented by Ms. Cliona Kimber, S.C., Instructed by Hayes Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 09 March 2018
• Judgment citation (vLex): [2018] 3 JIEC 0901
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.EDA1817 DEC-E2016-043
• Date: 09 March 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/16/41

DETERMINATION NO.EDA1817

DEC-E2016-043

PARTIES:

Board of Management St Marys on the Hill National School (Represented by Mr. Feichin McDonnagh, S.C., Instructed by Diarmaid O Cathain Solicitors).

and

Clare Lovett (Represented by Ms. Cliona Kimber, S.C., Instructed by Hayes Solicitors).

DIVISION:

Chairman:

Employer Member:

Worker Member:

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No. DEC-E2016-043

BACKGROUND:

2 2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on the 18 April 2016. A Labour Court hearing took place on the 19th February 2018. The following is the Court's Determination:

DETERMINATION:

3 The dispute concerns a claim by Ms C that the Board of Management of School A discriminated against her on the grounds of disability in relation to accessing a job and promotion contrary to Section 6(2)(g) and Section 8.1 of the Employment Equality Acts 1998 to 2011.

4 The Complainant referred her complaint under the Employment Equality Acts 1998 to 2011 to the Director of the Equality Tribunal on 4 Nov 2013

5 On 7 September 2015, in accordance with his powers Sec 75 of the Acts, the Director delegated the case to an adjudication officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under part VII of the Acts

6 Having investigated the complaint and having heard the parties the Adjudication Officer decided as follows

7 I have investigated the above complaints and make the following decisions in accordance with Section 79 of the Acts that: In accordance with Section 82 of the Act, I order the Respondent to:

8 7.3 (a) Pay the Complainant €18,750 in compensation for breaches of the Employment Equality Acts. The Complainant clearly suffered considerable upset, anxiety and alienation in relation to the manner in which the Respondent conducted the interview for the position of Principal at the Respondent school. The Complainant had a strong desire to lead the school and was deeply hurt. She commenced sick leave in December 2014 and at the last date of hearing, November 6, 2015 remained on sick leave. This award is arrived at having regard to the seriousness of the discrimination, the effect on the Complainant and the requirement pursuant to Article 17 of the Framework Directive that the sanction be “ effective,...