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Eagle Star v Equality Tribunal and Hugh O'Neill and Bernadette Treanor (Notice Party)

Equality Authority Press Release - 18 Mar 2009

Judgment of Mr Justice Hedigan delivered on the 18th day of March 2009

Judgment was delivered today in this case under the Equal Status Acts where Eagle Star Life Assurance Company had asked the High Court to quash a decision made by the Equality Tribunal. Ms Bernadette Treanor who is an Equality Officer with the Equality Tribunal had referred a complaint to the Tribunal against Eagle Star in 2002 on the basis that she was being discriminated against on the grounds of disability in the imposition of a loading on her income protection policy. The Equality Tribunal subsequently appointed a temporary external equality officer to hear the complaint in 2006 but Eagle Star considered that at this stage the complaint should be dismissed because it had not been pursued by Ms Treanor. Eagle Star also disputed the jurisdiction of the Tribunal to hear the complaint in light of the definition of disability contained in the Equal Status Act 2000 which, they contended, did not cover the complainant's circumstances.

Mr Justice Hedigan held that Ms Treanor had complied with all the time limits imposed on her, statutory or otherwise, and has in general furnished any information required by the Tribunal in a prompt and efficient manner.

Mr Justice Hedigan held that the director of the Equality Tribunal had acted in accordance with the terms of the Equal Status Act in declining to dismiss the complaint. He also held that the temporary equality officer does have jurisdiction to consider Ms Treanor's complaint. In doing so he quoted from the judgment of Mr Justice Charleton in Doherty v. South Dublin County Council which "affirmed the importance of judicial restraint in such matters, to ensure that the High Court does not prematurely trespass into the special jurisdiction assigned to the Tribunal by the 2000 Act."

The Equality Authority supported Ms Treanor in the High Court. Mr Richard Fallon, Acting Chief Executive Officer for the Equality Authority welcomed the judgement of Mr Justice Hedigan which holds that the primary responsibility for interpreting the provisions of the Equal Status Acts 2000 - 2008 rests with the Equality Officer. "This is an important affirmation of the jurisdiction of the Equality Tribunal" said Mr Fallon.

ENDS