Case Number: DEC-E2012-040- Full Case Report. Equality Tribunal

• Court: Equality Tribunal
• Date: 01 March 2012
• Docket Number: DEC-E2012-040- Full Case Report

The Equality Tribunal

Employment Equality Acts

Preliminary Decision DEC-E2012-040

PARTIES

Ravinder Singh Oberoi
(Represented by Nuala Butler, S.C., & Siobhan Phelan, B.L.
instructed by the Equality Authority)

- V -

The Commissioner of An Garda Siochána
(Represented by Maurice Collins, S.C. & Cliona Kimber, B.L.
instructed by the Chief State Solicitor's Office)

File reference: EE/2008/074 & EE/2008/150
Date of issue: 16 March 2012

Keywords - Employment Equality Acts - Discriminatory Treatment - Discriminatory Dismissal - Vocational Training - Race - Religion - Jurisdiction under the Acts

1. Background

1.1 The Equality Officer was asked to decide, as a preliminary matter, upon the issue of whether the complainant was an employee or not. In that regard and as provided for in Section 79 of the Acts, the Equality Officer proceeded to hold a preliminary hearing on 24 November 2010. Submissions were sought and provided from both parties upon this issue.

1.2 In the course of this process, the Equality Officer, exercising his investigative function as provided for in Section 79 of the Acts, asked both parties to consider the issue of whether the training to enable a person to become a member of An Garda Siochana, designated as reserve members, amounted to vocational training as envisaged by Section 12 of the Acts. Submissions were sought and received from both parties in relation to this issue too.

1.3 Additional information was sought and received from the respondent in July 2011.

2. Preliminary Issues - Employment

2.1 I have considered the submissions from both parties as some length, and have sought clarification from the respondent as to the level of remuneration or payment, if any, was payable to members of An Garda Siochána so designated.

2.2 Section 2(3)(a) of the Employment Equality Acts states that "a person holding office under, or in the service of, the State (including a member of the Garda Sıochána or the Defence Forces) or otherwise as a civil...