GGL Security Ire (Represented by Helix HR) v Kelley Lee

• Jurisdiction: Ireland
• Judgment Date: 01 May 2018
• Judgment citation (vLex): [2018] 5 JIEC 0103
• Date: 01 May 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.EDA1832 ADJ-00004180 CA-00005385-002
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/17/45

DETERMINATION NO.EDA1832

ADJ-00004180 CA-00005385-002

PARTIES:

GGL Security Ire (Represented by Helix HR)

and

Kelley Lee

DIVISION:

Chairman: Mr Foley

Employer Member: Ms Doyle

Worker Member: Mr McCarthy

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015

SUBJECT:

1 1. Appeal of an Adjudication Officer's Decision ADJ-00004180.

BACKGROUND:

2 2. The case before the Court concerns the Employer's appeal of an Adjudication Officer's Decision No. ADJ-00004180. The matter was appealed to the Labour Court in accordance with Section 83(1) of the Employment Equality Acts, 1998 to 2015. A Labour Court hearing was held on 14th March, 2018. The following is the Determination of the Court:

DETERMINATION:

3 This matter comes before the Court as an appeal by the Respondent at first instance, GGL Security Ireland (the Respondent) against a decision of an Adjudication Officer upon a complaint made by Ms Kelley Lee (the Complainant) under the Employment Equality Acts, 1998 to 2015 (the Act). The Complainant had complained that the Respondent had discriminated against her on grounds of disability contrary to the Act.

4 The Adjudication Officer upheld the complaint and awarded the Complainant the sum of €7,500 in compensation.

Background

5 The Complainant commenced employment with the Respondent in September 2007. She worked as a security official on the GGL contract in Limerick Racecourse. That employment involved working on approximately 12 to 15 days during the calendar year.

6 The Complainant has not worked for the Respondent since October 2015. The Complainant was offered employment at Limerick Racecourse by the Respondent at Christmas 2015 but she was unable to take up that offer of employment due to illness. The Respondent has not operated at Limerick Race Course since April 2016 due to loss of contract.

Summary Position of the Complainant

7 The Complainant submitted that she suffered from a bi-polar condition and submitted that this was a disability within the meaning of the Act.

8 She submitted that, over the years of her employment, she had informally advised various members of the management of the Respondent of her disability. She submitted that she was involved in work to promote awareness of conditions such as hers and was very open in that regard as a result. She submitted that she had suffered no negative response from the Respondent as a result of her sharing of information as regards her condition with managers on an informal basis.

9 The Complainant stated that she had a conversation with a manager of the client company, Mr CO'R, during the Summer of 2015 during which she informally made Mr CO'R aware of her condition in response to a query as regards her wearing of the 'Green Ribbon' symbol on a lanyard she wore at work.

10 The Complainant submitted that she was working at Limerick Racecourse in October 2015 and had engaged with the client's accountant, Mr PO'C, as regards a matter relating to the break arrangements of staff whom she supervised and issues related to smoking. She submitted that she made a complaint to the Respondent as regards Mr PO'C after this incident.

11 The Complainant submitted that she had met the Respondent's area manager, Mr GD, on 4 ^th November 2015 at a location near her home. She submitted that, at that meeting, Mr GD advised her that she would no longer be working as a supervisor at Limerick Racecourse.

12 The Complainant submitted that she was contacted by the Respondent in December 2015 offering her employment...