A female worker at a logistics firm who was told a certain job involving lifting heavy boxes was only for male employees has been awarded €7,500 compensation.
The Workplace Relations Commission ruled that Galway-based firm, Source & Supply Logistics, has discriminated against Jess Quinn on grounds of gender.
Ms Quinn claimed the company had breached the Employment Equality Act by restricting the role to male staff – a claim denied by the firm.
Ms Quinn told the WRC that her three-month contract was due to expire with the company but she was told that a new role was coming up based with the HSE in Merlin Park, Galway.
She claimed she was informed that it was a manual handling role which required lifting boxes weighing 7-15kg around the premises including up and down stairs.
However, Ms Quinn gave evidence that she was told the job was only open to males because of the physical nature of the task.
She told the WRC that she regarded such a restriction as “sexist.”
The WRC heard that the company referred to guidelines issued by the Health and Safety Authority.
Ms Quinn said she applied for the job anyway but was not called for interview, while two males whom she had trained were appointed to the role.
She also pointed out that she had previously driven a heavy goods vehicle for the firm which involved lifting much heavier items than boxes.
Ms Quinn said the issue affected her confidence and she had felt humiliated.
A manager with Source & Supply Logistics, Pearse O’Donohue gave evidence that Ms Quinn was an excellent employee and described the issue as “unfortunate.”
Mr O’Donohue said there was some understanding why the claimant felt the way she did but he denied the role was only available for men.
Although her contract was coming to an end, he said there was other work available in a different area but a risk assessment had been made that it needed to be done by two people who were able bodied and stronger.
Mr O’Donohue claimed the person for the role just needed to be stronger but “not necessarily male.”
He told the WRC that lifting aids were considered for people in the role but it was not possible because of the location in a customer’s premises.
Mr O’Donohue said the decision was made in the interests of health and safety.
However, he acknowledged that no assessment had been carried out to see if Ms Quinn could lift the boxes without risk of injury.
The WRC heard Ms Quinn handed in her notice and said she did not want to stay after the company asked her to stay on for one week so they could find her a new role.
In her ruling, WRC adjudication officer, Niamh O’Carroll, said the company had not asked Ms Quinn if she was physically capable of lifting the boxes and had not given her a trial run.
“They simply said that she would not be suitable,” said Ms Quinn.
She observed that the claimant had carried out a similar role in previous employment and was well trained in manual handling.
Ms Quinn said she had also lifted much heavier items in previous roles without any problem.
She ruled that Ms Quinn had established a prima facie case of discrimination on the grounds of gender, while the company had failed to show there had been no infringement of the principle of equal treatment.
