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Equality Tribunal awards art teacher €500 for victimisation by educational body

By Niamh Kearney

Workplace decision ·

The Equality Tribunal found that an educational body victimised an art teacher by citing her Tribunal complaint as a reason for disciplinary action. It ordered the body to pay her €500 and remove the complaint from the disciplinary process. The decision was dated 13 March 2012.

The teacher also complained of gender discrimination over access to employment, conditions of employment, training and promotion, and of harassment. The Tribunal found that she had not established discrimination in access, training or promotion. It found that the toilet-access complaint was out of time because the alleged difference ended when the men’s toilet was also locked; the merits were not decided. The harassment complaint failed because the treatment was not shown to be related to gender, and the Equality Officer preferred the principal’s evidence about disputed incidents.

The victimisation finding concerned the employer’s inclusion of her Tribunal complaint among the reasons for disciplinary action. The Equality Officer found that this was adverse treatment linked to her complaint, regardless of the employer’s intention. Other disciplinary matters were not found to be victimisation. The order required removal of the Tribunal complaint as a disciplinary reason within 42 days.

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