Courts / Wexford / Report
Care home worker 'excessively sensitive' about being asked to check Mass times, tribunal concludes
Summary
A Workplace Relations Commission adjudicator has rejected a religious discrimination claim brought by Judyta Zielinska against the Health Service Executive under the Employment Equality Act 1998. Ms Zielinska, a Jehovah's Witness care assistant at the Wexford Residential Intellectual Disabilities Service, alleged she suffered severe stress and chest pain after a nurse manager commented that it was "strange" she did not want to take residents to Mass. The HSE argued that Ms Zielinska was not requested to engage in the religious service but was asked to support residents in attending it, noting that staffing changes necessitated her presence. Adjudicator Pat Brady concluded that the central action was a "simple, oral request" to check Mass times, which did not constitute adverse treatment. He found that Ms Zielinska had an "excessively sensitive reaction" to a religious service of which she disapproves. The adjudicator noted that while Ms Zielinska claimed distress, this was not sufficient to ground a case, particularly as she was ultimately not required to attend Mass. The decision rejects the complaint, distinguishing it from cases involving clear acts of detriment such as dismissal.
Who, what, where, when and why
What: Report matter: Care home worker 'excessively sensitive' about being asked to check Mass times, tribunal concludes. Procedural stage: hearing_or_decision
When:
- April 2023 Other
- June 2023 Other
- 5 July 2023 Incident
- 6 July Other
- 2024-10-18 Publication
Why: The HSE's solicitor, Conor White of Comyn Kelleher Tobin, submitted: "It was acknowledged that she had not had to attend mass before, but the reason for the change was that there was no longer sufficient cover to facilitate her in not attending, owing to the fact that three residents now wanted to attend mass as opposed to just two. CNI source report
Case subjects
Applicant
Applicant
Places mentioned
Topics
Related court reports
- 'Betrayal beyond words': victim of childhood abuse discovered husband was raping their daughter
- Man who raped and abused stepdaughter from age 6 refused permission to resile from guilty plea
- 'Come out, you Indians. I'll show you': man accused of racist attack in Cherrywood
- 'Danger to young girls' gets 11.5 years for rape of teenager
- Court refuses to reduce sentence for brothel keeper caught with child abuse material
- Brian Grendon to face non-jury trial for directing criminal gang
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request