The Labour Court overturned a €10,000 victimisation award to George Dunbar after allowing an appeal by the Association of Secondary Teachers of Ireland (ASTI). Its determination was dated 25 August 2011.
Dunbar, an ASTI member, had alleged age discrimination and harassment by union members acting in union roles, as well as victimisation by ASTI after an earlier complaint. The Equality Officer found no discrimination or harassment but upheld the victimisation complaint and awarded €10,000. Dunbar did not appeal that part of the decision.
The Court held that the victimisation provision applied to adverse treatment by an employer, and ASTI was not Dunbar’s employer. It also found no evidence that local representatives and shop stewards were ASTI agents, or that ASTI had represented them as authorised to act for it. On those legal grounds, it allowed the appeal and set aside the Equality Tribunal decision, assuming the Equality Officer’s factual account for the preliminary questions.