Hotel fined €8k after insisting waitress wear a skirt

A DUBLIN hotel has been reprimanded by rights chiefs for a second time and fined more than €8,000 for victimising a waitress by insisting she wear a skirt at work.

The Equality Tribunal said it was satisfied the owners of Sheldon Park Hotel, on the Kylemore Road, had discriminated against female employee Emma Conlon on the grounds of gender.

The hotel had also victimised Ms Conlon and she had suffered victimisatory dismissal after lodging a complaint with the Equality Tribunal, it was found.

Ms Conlon said she began working as a part-time waitress at the Sheldon Park Hotel in November 2005.

After three shifts at the hotel, her manager told her that she must wear a black skirt or she would no longer have a job.

Ms Conlon said she did not feel comfortable wearing one in a professional working environment.

Following a complaint to the Equality Tribunal, a letter was sent to the hotel in February 2006 but was not replied to and shortly afterwards Ms Conlon’s shifts were reduced.

In April, she received her P45 in the post with no covering letter and never received a reason for her dismissal.

The hotel denied the allegation of discrimination and victimisation, claiming its policy when Ms Conlon was employed was that female waiting staff could wear a skirt or trousers.

The Dublin hotel alleged Ms Conlon had not clocked out on five occasions, was late twice and did not show up for two shifts. But the Equality Tribunal ruled in her favour, saying there were no disciplinary issues which warranted the waitress’s dismissal.

It ordered the hotel to pay €1,600 in compensation for the discriminatory treatment suffered, as well as €6,500 for the distress suffered.

In 2004, the Employment Appeals Tribunal ordered the hotel to pay €14,000 to a banqueting manager who claimed he was unfairly dismissed because his assistant took a booking for a Traveller wedding.

A separate Equality Tribunal case last month saw a gardening sale business ordered to pay a Moldovan man €40,000 in compensation.

Watters Garden World had discriminated against Iurie Panuta in not applying for his work permit, in not providing him with a P60 one year, and in not explaining his conditions of employment.

The Louth-based business also victimised Mr Panuta by calling gardaí in after the non-EU worker contacted the tribunal, it was found.

Watters Garden World was ordered to pay Mr Panuta €10,000 for discrimination and €30,000 for victimisation.