EMBARGO: 12.00pm Thursday 16th August 2008
Press release
Equality Tribunal publishes Annual Report, Legal and Mediation Reviews for 2007
Thursday 14th August, 2008: The Equality Tribunal today publishes its Annual Report, Legal and Mediation Reviews for 2007. The Annual Report shows that the Tribunal received a record number of claims, 36% up on the previous year. The rise was particularly striking for employment equality. The Tribunal’s continued increases in productivity resulted in closing 607 cases during the year, up 13% on the previous year. In its Strategy Statement, the Tribunal reaffirms its commitment to impartial and effective complaint resolution, enhanced service delivery and organisational excellence.
The Director of the Equality Tribunal, Ms Melanie Pine, confirmed that the number of cases being brought to the Tribunal has risen again so far this year and commented:
“The Tribunal has been a vital, impartial forum for almost 14,000 people who have brought claims of discrimination to the Tribunal since it was set up in 1999. Indeed, Tribunal decisions are important beyond the individual: they can change how systems work to make them fairer in future. ”
Annual Report 2007–
Employment Equality: Highlights
44% Increase in Employment Equality claims in 2007
- 106% increase in claims on the race ground
- 59% increase in claims on the disability ground
- 5% increase in claims on the gender ground
- 14% decrease in claims on the age ground
Equal Status: Highlights
11% increase in Equal Status claims in 2007
- 65% increase in claims on the disability ground
- 6% fall in claims on the Traveller community ground
- 33% fall in claims on the race ground
Overview of statistics for first half of 2008 vs first half of 2007 (provisional)
The upward trend continues in 2008 which again shows record number of claims. Employment equality referrals are up by 32% in the first half of 2008, again mainly on the race ground, and equal status referrals are up by 11%. Gender, disability and age continue also to give rise to significant numbers of cases..
Please see appendix for tables outlining the key statistics for 2006, 2007 and first half of 2008.
To see the Annual Report 2007 in full, log onto publications for 2008.
Legal Review 2007
This Legal Review document is an overview of the legal issues arising in Tribunal Decisions in 2007. It helps to ensure decisions are as accessible and as transparent as possible to the general public. Sample cases include:
An Post’s “No over-60’s” Scheme was discriminatory:
Two former employees of An Post were awarded over €70,000 each when the Equality Tribunal found that a scheme, which was not available to anybody over the age of 60, was discriminatory under the Employment Equality Acts.
(Ruddy v An Post E2007-020 and Dunne v An Post E2007-034)
Flawed interview process results in €25,000 award for South African nurse:
A rheumatology clinical nurse, who was originally from South Africa, was awarded €25,000 for the effects of the discrimination inflicted by St. James’ Hospital when she was not promoted to a managerial post for which she was the most highly qualified.
(Mey v St. James’ Hospital E2007-016)
Dismissal of employee while hearing aid being repaired held to be discriminatory:
The manager of a store, who dismissed an employee because she was unable to communicate fully while her hearing aid was sent for repair, was ordered to pay €17,000 in compensation for the effects of the discrimination.
(O’Keeffe v Walsh t/a By Pass Stores Ltd. E2007-033)
Shortage of referees, but no job for Traveller: Irish Soccer Referees ordered to pay €5,000:
A branch of the Irish Soccer Referees Society was found to have discriminated against a member of the Traveller Community, when it refused him a transfer from a different branch, despite evidence of a shortage of referees in that area.
(Stokes v Irish Soccer Referees Society (Roscommon Branch) E2007-003)
Staff turnover no excuse for “No Guide Dogs” complaint:
A lady who was asked to leave a Centra store because she had her guide dog with her was awarded €3,000, despite management’s statement that the discriminatory remark was down to high staff turnover. The Equality Officer ordered that all staff be trained in essential equality law provisions.
(Leacy v Viart Ltd. t/a Centra S2007-082)
To view the full Legal Review 2007 document, log onto publications for 2008.
The Mediation review 2007
The number of mediations carried out by the Equality Tribunal in 2007 showed a fall on those in 2006, as the number of accredited mediators in the Tribunal fell temporarily.. Ms Pine said:
“I am glad to say that we now have our full complement of mediators and will be completing significantly more mediations in 2008. “
Mediation Agreement Examples - Employment
Agreement reached to provide teacher with a job-sharing position from commencement of next school term
A secondary school teacher complained that she was been discriminated against on the family status ground when her application for a job-sharing position was turned down. At mediation, the Tribunal facilitated the parties in reaching an agreement which allowed the teacher to avail of job-sharing while still being able to cover her core classes.
Special Severance Package deal agreed for ex-employee
Following the announcement of the forthcoming closure of a major industrial factory, severance packages were offered to employees based on their years of experience and age category. One employee complained that because, he was in a younger age range (50 to 55), he was being offered less than a co-worker with less experience who was only a year older than him. Agreement was reached between the two sides following a protracted mediation process after the factory had closed, which involved several mediation sessions.
Mediation Agreement Examples - Equal Status
Amusement Park offers free admission to a group of wheelchair users
A group of wheelchair users were refused access to the “bumpers” on a day’s visit to an Amusement park. At mediation, the Park owners explained how the decision had been taken for safety reasons but acknowledged that the situation could have been handled better on the day. As part of the mediation settlement, the respondents apologised to the group and provided them with free access to all the Park’s rides on a day of their choosing.
Provision of gift vouchers as gesture of goodwill in a case where a department store had no baby-changing facilities available
A father complained that he had to change his baby on the floor of a toilet because no baby-changing facilities were available in a department store. The store explained that renovations were ongoing at the time and that the usual facilities were closed. At mediation, the respondents apologised for the lack of information on display in the store at the time and offered the complainant a nominal sum in gift vouchers in settlement of the complaint which he accepted.
You can review PDF versions of the Annual Report 2007, the Legal Review for 2007, the Mediation Review for 2007 and the Strategy Statement for 2008-2010 by logging onto: www.equalitytribunal.ie.
ENDS
Further information: Ken Rogan, Carr Communications. P: 01 772 8911 / 086 317 9955
APPENDIX: Key statistics for 2006, 2007 (and 1st 6 months of 2008)
EMPLOYMENT EQUALITY
| CLAIMS | 2006 | 2007 | % change |
| 75 | 79 | +5% |
| 149 | 307 | +106% |
| 56 | 89 | +59% |
| 50 | 43 | -14% |
| 7 | 4 | -43% |
| 1 | 3 | +200% |
| 3 | 5 | +67% |
| 2 | 1 | -100% |
| 4 | 10 | +150% |
| 98 | 113 | +15% |
| 17 | 13 | -24% |
| TOTAL | 448 | 667 | +44% |
The percentage of employment complaints upheld decreased from 44% to 41%.
PENSIONS: in 2007 there were 7 cases referred under the Pensions Acts (down from 14 in 2006).
EQUAL STATUS
| CLAIMS | 2006 | 2007 | % change |
| 52 | 86 | +65% |
| 9 | 8 | -11% |
| 18 | 17 | -6% |
| 15 | 10 | -33% |
| 7 | 6 | -14% |
| 7 | 1 | -86% |
| 2 | 0 | -200% |
| 1 | 1 | 0% |
| 0 | 4 | +400% |
| 49 | 47 | -4% |
| 6 | 5 | -16% |
| TOTAL | 166 | 185 | +11% |
The percentage of Equal Status complaints upheld decreased from 34% in 2006 to 29% in 2007.
Please note that the following 2008 statistics are provisional
The following tables compare the first six months of 2007, with the first six months of 2008.
Employment equality
| Jan-June 2007 | Jan-June 2008 | % change | |
| Overall | 314 | 414 | +32% |
| Main changes: | |||
| Race | 143 | 176 | + 23% |
| Disability | 49 | 41 | - 16% |
| Age | 18 | 45 | + 150% |
| More than 1 ground | 47 | 105 | + 123% |
There were 3 complaints about collective agreements in 2008 so far, compared with 1 in 2007.
Equal Status
| Jan-June 2007 | Jan-June 2008 | % change | |
| Overall | 62 | 77 | + 13% |
| Main change | |||
| Traveller | 5 | 12 | + 140% |
Pensions
There have been no complaints in January-June 2008, compared with 2 for the same six months last year.
Editor’s Note:
The Equality Tribunal is an impartial, independent, quasi-judicial body charged with hearing or mediating claims of alleged discrimination under the Employment Equality Acts 1998 to 2008, the Pensions Acts 1990 to 1994 and the Equal Status Acts 2000 to 2008. Its decisions and mediated agreements are legally binding.
The Equality Tribunal decides or mediates complaints of discrimination about:
· employment,
· occupational pension schemes,
· access to goods and services,
· selling, renting or leasing property, and
· certain aspects of education.
The Tribunal does not have jurisdiction for complaints of discrimination about registered clubs or licensed premises.
Enforcement and Appeals
Decisions of the Equality Tribunal are legally binding. They may be appealed to the Labour Court (in employment cases) or the Circuit Court (in equal status cases). Mediated agreements are also legally binding. Decisions or agreements which are not implemented can be enforced through the Circuit Court.
Please note that The Equality Tribunal and the Equality Authority are two entirely different and separate bodies.The Equality Tribunal has no connection with the Equality Authority, except that the Authority may bring a complaint or represent a complainant before the Tribunal.
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