J & M Golfing Cuisine (Represented by ASK HR solutions) v Glenn Curtis (Represented by Suzanne Walsh B.L., Instructed by Osbourne Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 20 March 2018
• Judgment citation (vLex): [2018] 3 JIEC 2001
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.EDA1820 DEC-E-2017-075 et-152697-ee-14
• Date: 20 March 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/17/96

DETERMINATION NO.EDA1820

DEC-E-2017-075 et-152697-ee-14

PARTIES:

J & M Golfing Cuisine (Represented by ASK HR solutions)

and

Glenn Curtis (Represented by Suzanne Walsh B.L., Instructed by Osbourne Solicitors)

DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Mr Hall

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

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No: DEC-E-2017-075

BACKGROUND:

2 2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section (83)(1) of the Employment Equality Acts, 1998 to 2011. A Labour Court hearing took place on 13th March 2018. The following is the Determination of the Court:

DETERMINATION:

Background to the Appeal

3 This appeal is brought on behalf of J&M Golfing Cuisine Limited (‘the Respondent’) against a decision of an Adjudication Officer ( DEC-2017-075, dated 25 October 2017). The Notice of Appeal was received by the Court on 16 November 2017. The Court heard the appeal in Dublin on 13 March 2018.

4 Mr Curtis's (‘the Complainant’) original complaint – referred to the then Equality Tribunal on 17 December 2014 – consisted of three elements: he alleged that (i) he had been discriminated against by the Respondent in relation to his conditions of employment on the grounds of race; (ii) he had been constructively discriminatorily dismissed; and (iii) he had been harassed in the course of his employment. The Adjudication Officer decided that claims (i) and (ii) were not well-founded but upheld claim (iii) and awarded the Complainant compensation of €8,500.00. The Respondent's appeal herein is confined to claim (iii) only. The Complainant did not appeal or cross-appeal. Mr Curtis gave evidence on his own behalf to the Court. A...