The Labour Court overturned a €10,000 victimisation award to Marian Cassidy on Citigroup’s appeal, finding that the evidence did not establish facts giving rise to a presumption of discrimination. The determination was signed on 19 June 2008.
The Equality Officer had found that Citigroup victimised Cassidy by transferring her to the Luxembourg Funds team and awarded her €10,000, while finding against her over disciplinary proceedings concerning sick leave. Cassidy said the move was against her wishes, reduced the complexity of her work and could harm her promotion prospects. Citigroup said it was a routine move within the department, with no loss of pay or status.
The Court found no evidence of an effect on Cassidy’s promotion prospects, loss of status, or lack of consultation or choice. It said the transfer policy was unclear, but the timing of the move after earlier equality proceedings was not enough, without supporting evidence of adverse treatment, to establish victimisation. The Court allowed the appeal and overturned the Equality Officer’s decision.