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Decisions - April 2009 to March 2010

Recent decisions of the tribunals and courts in cases assisted by the Commission are listed below. Click on the title to view the full decision.

Robert David Johnston v BT plc

Decision of the Industrial Tribunal dismissing the Claimants’ complaints of indirect race discrimination. The Claimants (3 in total), employed as base site engineers in Northern Ireland, complained that their pay packages were materially different to those enjoyed by base site engineers doing identical work in Britain. They claimed that this was because they were Irish. February 2010 - Race Dicrimination, Comparators and Other Detriment.

Lopez & McGuinness v Premium Bars and Restaurants

County Court judgement upholding the Plaintiffs´ complaints of race, and in the case of McGuinness, race and sex discrimination. The judgement was given orally; each Plaintiff was awarded £7500 for injury to feelings and includes a sum for aggravated damages. Costs awarded to the Plaintiffs. January 2010 - Sex and Race Discrimination, Harrassment.

Hearing Impaired Woman v Campbell & Caher Solicitors

Decision of the County Court dismissing the Plaintiff´s complaint that the Defendant failed in its duty to make reasonable adjustment when it refused to provide an interpreter for the deaf to attend an appointment. December 2009 - Disability Discrimination, Reasonable Adjustments.

Clare Doherty v Belfast Tile Company

Decision of an Industrial Tribunal upholding the Claimant´s complaints of race, sex and age discrimination in a recruitment exercise. The Tribunal ordered the Respondent to pay total compensation of £6923.38. December 2009 - Race and Sex Discrimination, Recruitment.

Catherine Diane Armstrong v Chief Constable of the Police Service For Northern Ireland

Decision of the Industrial Tribunal dismissing the Claimant’s complaints of direct and indirect sex discrimination in relation to the provision of individual heavy anti-ballistic Personal Protective Equipment. August 2009 - Sex Discrimination, Other Detriment

Judith Hitch v Karl Smyth

Decision of the Industrial Tribunal upholding the Claimant’s complaint of sex discrimination in relation to the treatment afforded to her following a period of maternity leave. August 2009 - Sex Discrimination, Pregnancy & Maternity, Flexible Working, Dismissal

Richenda McAleenan v Ballynahinch Credit Union

Decision of the Industrial Tribunal upholding the Claimant’s complaints of race discrimination and harassment on the grounds of race. The Claimant’s complaint of victimisation was dismissed. July 2009 - Race Discrimination, Harassment

Elizabeth Hamilton v Department of Finance & Personnel

Decision of the Industrial Tribunal that the respondent established a genuine material factor defence for the purposes of the Equal Pay Act 1970 (as amended) and the claim for equal pay was therefore dismissed. June 2009 - Sex Discrimination, Equal Pay

Jennifer Johnston v Royal Group of Hospitals and Dental Hospitals Health & Social Trust

Decision of the Industrial Tribunal dismissing the Claimant’s claims of discrimination on grounds of disability and discrimination for a reason which related to the Claimant’s disability. The Tribunal upheld the Claimant’s complaint regarding the failure of the respondent to comply with its duty to make reasonable adjustments relation to the claimant. June 2009 - Disability Discrimination, Reasonable Adjustments

Julius Anakaa v Wine Inns Ltd

Decision of the Belfast Recorder’s Court upholding the Plaintiff’s complaint of race discrimination including victimisation. May 2009 - Race Discrimination, Other Detriment and Victimisation

McConkey & Marks v Simon Community (HL)

Decision of the House of Lords upholding the Court of Appeals decision that people who have used, or approved the use of, violence for political ends, are not protected against discrimination on the grounds of political opinion, even though they may have changed their views. May 2009 - Religious/Political Discrimination, Recruitment & Selection