Couverture Ltd (Represented by Irish Business and Employers' Confederation) v Katarzyna Wozniczka (Represented by Blazej Nowak)

• Jurisdiction: Ireland
• Judgment Date: 11 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 1101
• Date: 11 January 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.EDA182 DEC-E2015-119
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/16/1

DETERMINATION NO.EDA182

DEC-E2015-119

PARTIES:

Couverture Limited (Represented by Irish Business and Employers' Confederation)

and

Katarzyna Wozniczka (Represented by Blazej Nowak)

DIVISION:

Chairman: Mr Hayes

Employer Member: Mr Marie

Worker Member: Mr Hall

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

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No. DEC-E2015–119.

BACKGROUND:

2 2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on the 18 December 2015. A Labour Court hearing took place on the 18 October 2017. The following is the Court's Determination:-

DETERMINATION:

3 This is an appeal by Ms Katarzyna Woznickzka (the Complainant) against a decision of the Adjudication Officer regarding a complaint of victimisation under the Employment Equality Act 2008 (the Act) she made against her employer Couverture Ltd (the Respondent/Employer) her employer.

4 The complaint was submitted to the Equality Tribunal on 21 January 2013. The Adjudication Officer issued her decision on 23 November 2015. The Adjudication Officer decided that the Complainant had “failed to establish prima facia case of Victimisation” and went on to decide “the complaint fails.”

5 The Complainant appealed against that decision to this Court on 18 December 2015.

6 The case came on for hearing on several occasions over the following two years. On each occasion the Complainant's representative sought to rely on documents that he had not produced to the Court in advance of the hearing in the manner prescribed in the Court's rules. On each occasion the Court adjourned the hearing to allow the Complainant's representative bring himself into compliance with the rules.

7 He failed to do so on a number of occasions but finally complied with the Court's instructions. Having done so the Court convened a hearing to hear both sides on the matters before it. That hearing took place on 18 October 2017. Both parties attended and were represented at the hearing.

The Law

8 The Employment Equality Act 1998 defines “victimisation” in the following terms:-

9 victimisation” shall be construed in accordance with subsection (2)

• For the purposes of this Part victimisation occurs where dismissal or other adverse treatment of an employee by his or her employer occurs as a reaction to —

(a) a complaint of discrimination made by the employee to the employer,

(b) any proceedings by a complainant,

(c) an employee having represented or otherwise supported a complainant,

(d) the work of an employee having been compared with that of another employee for any of the purposes of this Act or any enactment repealed by this Act,

(e) an employee having been a witness in any proceedings under this Act or the Equal Status Act 2000 or any such repealed enactment,

(f) an employee having opposed by lawful means an act which is unlawful under this Act or the said Act of 2000 or which was unlawful under any such repealed enactment, or

(g) an employee having given notice of an intention to take any of the actions mentioned in the preceding paragraphs.

The Complaint

10 The complaint before the Court is that the...