The Labour Court set aside a €20,000 victimisation award to Patricia Cullen after allowing the Department of Foreign Affairs’ cross-appeal. In a determination dated 14 March 2011, the Court found that the Department neither discriminated against Cullen on grounds of sexual orientation nor victimised her. Cullen’s appeal against the finding of no discrimination failed.
Cullen alleged that the Department treated her differently when considering her for promotion and lowered her performance rating because she had pursued an equality claim. The Court found that she was passed over for an upgrade after the Department sought an earlier supervisor’s assessment. It accepted the Department’s explanation that doubts about the current assessment prompted that step, and found that Cullen had not raised an inference of discrimination.
On victimisation, Cullen said her performance rating had been altered because she had taken a step in her Equality Tribunal case. The Court accepted that the manager who conducted the assessment was unaware of her proceedings and found no evidence linking the assessment to them. The Equality Officer had found victimisation and awarded €20,000; the Labour Court allowed the Department’s cross-appeal and set that award aside.