Tribunal: Charity victimised manager

A charity providing services for people with intellectual disabilities has been ordered to pay one of its managers €45,000 in compensation after the Equality Tribunal ruled she had been victimised.

The tribunal found the Brothers of Charity Services (Clare) had breached the Employment Equality Act in its treatment of Mary Kealy, director of regional services in Co Clare.

It ruled Ms Kealy had been victimised over the charity’s failure to provide her with a draft copy of a review of its services in Co Clare when it had given one to the Clare division.

It found she had also been victimised by the fact the person who had carried out the review was told by the charity that Ms Kealy had an outstanding equal pay claim before the tribunal.

However, the tribunal said the decision of the national body to commission a review of services in Co Clare was reasonable as it had concerns about how they were being provided.

Ms Kealy claimed the victimisation of her by the charity began in 2006 after she had submitted a complaint to the tribunal claiming equal pay with two colleagues in similar positions in other regions.

Ms Kealy complained she had also been victimised by the appointment of Patrick McGinley as chairman of the Clare division when he was one of the people with whom she had sought pay parity, and his subsequent treatment of her.

She also complained that she was victimised by certain actions taken by national chief executive Winifred O’Hanrahan and Br Alfred Hassett, the charity’s national chairman.

The tribunal said Mr McGinley’s appointment as chairman of the Clare division did not constitute victimisation of Ms Kealy, but was “ill-advised”.

It observed the relationship between Ms Kealy and Mr McGinley deteriorated over time and was almost “non-existent” by the end of 2010. However, it said it was satisfied the hostile attitude between them was not connected with Ms Kealy’s equal pay claim.

The tribunal said it was clear Ms Kealy had different ideas as to how services might best be delivered. It said such idealism had given rise to the conflict.