The High Court has dismissed Barbara Whooley’s proceedings against Millipore Corporation, ruling that the Employment Equality Acts place liability for the alleged discrimination on her employer, Millipore Ireland BV.
Mr Justice Clarke delivered judgment on 23 July 2010, allowing Millipore Corporation’s appeal from a Cork Circuit Court order that had refused to dismiss the claim against it. The High Court was deciding a preliminary application about whether the parent company could be a party to the proceedings. It did not hold a trial of Ms Whooley’s discrimination allegations.
Ms Whooley, an employee of Millipore Ireland, alleged direct and indirect discrimination on grounds of gender, marital status and family status. Her case was brought under the Employment Equality Act 1998, as amended. Millipore Corporation argued that the legislation allowed a claim only against the employer, which the parties accepted was Millipore Ireland.
The judge said the Act’s provisions on discrimination and harassment set obligations on an employer. Section 77, which provides for the forum and process for seeking redress, did not create a separate cause of action against another party, he found. The statutory liability therefore rested with the employer.
Ms Whooley’s side pointed to evidence that managers employed by other companies in the Millipore group had reporting or management roles relating to her, and that group personnel were involved in handling her initial complaint. Justice Clarke said the precise facts were not for determination on the preliminary motion. He held that if Millipore Ireland allowed personnel from other group companies to act in relation to Ms Whooley’s employment, their acts were attributable to Millipore Ireland.
Counsel for Millipore Ireland conceded during the hearing that it accepted responsibility for acts by group personnel involved in the events underlying the proceedings. The judge concluded there was no stateable basis for the claim against Millipore Corporation and dismissed the proceedings against that company.
The underlying discrimination claim against Millipore Ireland was not dismissed by this ruling. The judgment addressed only whether Millipore Corporation could remain a defendant.