Case Number: DEC-S2016-004. Workplace Relations Commission

• Judgment Date: 01 February 2016
• Year: 2016
• Docket Number: DEC-S2016-004
• Court: Workplace Relations Commission
• Parties: Miceal O’Hurley-Pitts -v- Anita Nic Amhlaoimh and Gaelscoil Nas na Riogh

EQUAL STATUS ACTS DECISION NO. DEC-S2016-004 PARTIES Miceal O’Hurley-Pitts (Represented by Ian Fitzharris B.L instructed by Aonghus McCarthy, Solicitors) AND Anita Nic Amhlaoimh and Gaelscoil Nas na Riogh (Represented by Mason Hayes Curran, Solicitors) File reference: ES/2013/0005 Date of issue: February 2016

HEADNOTES: Equal Status Acts 2000-2015-Gender-Marital status-Family Status- Victimisation.

1 DISPUTE

1.1 This dispute concerns a claim by Mr O’Hurley-Pitts that he was discriminated against by the respondent on the grounds of Gender, Marital status, Family Status-Victimisation contrary to section 3 of the Equal Status Acts. The complainant referred his claim to the Director of the Equality Tribunal on January 24th 2013 under the Equal Status Acts 2000-2012.

1.2 On October 22nd, 2015, in accordance with his powers under section 41 of the Workplace Relations Commission Act 2015 Acts, the Director General of the Workplace Relations Commission delegated the case to me, Pat Brady, an Adjudication Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director General under Part VII of the Acts, on which date my investigation commenced. Submissions were received from both sides and in accordance with Section 79(1) of the Acts and as part of my investigation I proceeded to a hearing on October 29th 2015 at which an adjournment was granted due to the non-availability of one of the respondents and the hearing resumed on November 16th 2015.

1.3 This decision is issued by me following the establishment of the Workplace Relations Commission, as an Adjudication Officer who was an Equality Officer prior to the 1st October 2015, in accordance with section 84 (3) of the Workplace Relations Act 2015.

1.4 At the hearing the claims under the headings of victimisation and under the Family status grounds were withdrawn.

2 COMPLAINANTS' SUBMISSION

2.1 The complainant is a separated parent and his child attended Gaelscoil Nas na Riogh where she had been enrolled by their mother without his consent and despite his opposition and where she attended between 2012 and September 2015. Issues arising from the enrolment of a second child also form part of the complaint.

2.2 His complaint is based on the fact of the school’s enrolment of the child and secondly its alleged continuing unfavourable treatment of him as a parent. He communicated this opposition to the enrolment by email on October 3rd 2012 and in the course of a telephone conversation with the Principal on the same day. He also...