A Jehovah’s Witness has failed in a claim that she experienced religious discrimination after being asked to accompany residents of an intellectual disability service to Mass, reports Breaking News.
The decision follows the Labour Court’s rejection of her complaint that the HSE breached the Employment Equality Act in its treatment of multitasking healthcare assistant Judyta Zielinska during her time with Wexford Residential Intellectual Disabilities Services, reports Breaking News.
Delivering the determination on behalf of the three-member Labour Court, deputy chairwoman Katie Connolly concluded that Ms Zielinska had not established sufficient facts to demonstrate that indirect discrimination, direct discrimination or victimisation had occurred.
The Labour Court ruling affirms a 2024 finding by the Workplace Relations Commission (WRC) that the HSE did not discriminate against Ms Zielinska in relation to accompanying residents to Mass, reports Breaking News.
In her complaint, Ms Zielinska — who moved to Ireland from Poland in 2005 — said she informed her employer at the outset of her employment in 2015 that she had been raised as a Jehovah’s Witness and did not take part in religious observances that conflicted with her faith.
Over eight years working in a number of care settings, she consistently outlined her religious beliefs during staff support meetings and was assured that her background would be respected, reports Breaking News.
Ms Zielinska said she had never previously been obliged to attend Mass contrary to her beliefs, but around 2023 she faced several requests to accompany residents to religious services.
She described being placed under considerable stress by the situation and said that, because of her religious convictions, she experienced discrimination at work that resulted in severe stress and anxiety, reports Breaking News.
She argued that she suffered direct discrimination, contending that she was treated less favourably than colleagues in comparable roles when asked to attend Mass against her beliefs.
The HSE denied any discrimination, telling the Labour Court that Ms Zielinska was not required to participate in Mass but was simply asked to accompany residents in line with her job description, reports Breaking News.
It further stated that such requests had been minimised where possible in the past, meaning Ms Zielinska had not previously been required to bring a resident to Mass.
The HSE maintained that she had failed to establish a prima facie case of discrimination, as the request to accompany residents did not amount to less favourable treatment.
Ms Zielinska submitted her complaint to the WRC on January 2nd, 2024, meaning the relevant period for the alleged discrimination spanned from July 3rd, 2023 to January 2nd, 2024, reports Breaking News.
Ms Connolly noted that Ms Zielinska has been on sick leave since July 7th, 2023.
In its findings, the Labour Court said it regarded Ms Zielinska as a sincere witness who gave compelling evidence about her anxiety at the prospect of being asked to attend religious services contrary to her faith, reports Breaking News.
However, Ms Connolly emphasised that possessing a protected characteristic under the Act does not, in itself, establish a claim of direct discrimination.
She observed that during the relevant period, Ms Zielinska did not in fact accompany any residents to Mass.
Ms Connolly stated that the alleged discriminatory act identified by Ms Zielinska was the request to assist residents attending Mass, reports Breaking News.
She found that no evidence had been produced to demonstrate that Ms Zielinska was treated less favourably because of her religion than another person in a comparable position during the relevant timeframe.
Ms Connolly concluded that Ms Zielinska had not shown how she was treated differently or suffered any disadvantage due to her religious beliefs, nor how a request to accompany residents to Mass amounted to adverse treatment in comparison with another employee.
She also determined that Ms Zielinska had not been subjected to any adverse action, nor threatened with such action by her employer.
Ms Connolly stated that the court found Ms Zielinska had failed to establish a prima facie case in relation to her claim of direct discrimination, reports Breaking News.
She further noted that no evidence was presented to substantiate the allegation that Ms Zielinska had been victimised for making a discrimination complaint or exercising rights under the Act.
Finally, Ms Connolly held that the facts advanced by Ms Zielinska were insufficient to demonstrate, on the balance of probabilities, that she had experienced indirect discrimination on religious grounds during the relevant period, reports Breaking News.
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