Case Number: DEC-S2016-010. Workplace Relations Commission

• Judgment Date: 01 February 2016
• Year: 2016
• Docket Number: DEC-S2016-010
• Court: Workplace Relations Commission
• Parties: Ms Paulina Wilkocka -V- AXA Insurance

EQUAL STATUS ACTS 2000-2015 Decision DEC – S2016 – 010 PARTIES Ms Paulina Wilkocka (represented by Rostra Solicitors) and AXA Insurance (represented by Mr Conor Power, S.C., instructed by the respondent’s in-house legal team) File Reference: et-158110-es-15 Date of Issue: 5th February 2016

Keywords: Notification – S. 21(2) – no evidence requirement was properly complied with – no jurisdiction.

1. Claim

1.1. The case concerns a claim by Ms Paulina Wilkocka, that AXA Insurance Ltd discriminated against her on the ground of race contrary to Section 3(2)(g) of the Equal Status Acts 2000 to 2011, in terms of providing her with two different online motor insurance quotes, of which the quote for a driver with an Irish driving license was substantially cheaper.

1.2. The complainant referred a complaint under the Equal Status Acts 2000 to 2011 to the Director of the Equality Tribunal on 21 July 2015. A submission was received from the complainant on 25 November 2015. A submission was received from the respondent on 12 January 2016. On 15 January 2016, in accordance with his powers under S. 25 of the Acts, the Director General delegated the case to me, Stephen Bonnlander, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director General under Part III of the Acts. On this date my investigation commenced. As required by Section 25(1) of the Acts and as part of my investigation, I proceeded to hold a joint hearing of the case on 4 February 2016.

2. Summary of the Complainant’s Written Submission

2.1. The complainant is a Polish national who has lived in Ireland since 2005. She holds a Polish driving licence, and has a five-year no-claims discount. She applied online for car insurance with the respondent on 19 June 2015. She states that when she indicated online that she held a full Irish driving licence, the resulting quote was substantially cheaper. She states that she then took out a policy of insurance from a different insurer who did not give different quotes for holders of Irish and EU licenses. She submits that the difference in quotes amounts to indirect...