Embassy staff cannot take equality action

Two Irish employees of the Italian Ambassador to Ireland have been prevented from taking racial discrimination cases after the…

Two Irish employees of the Italian Ambassador to Ireland have been prevented from taking racial discrimination cases after the embassy claimed immunity.

The Office of the Director of Equality Investigations ruled that the working conditions of Mr Patrick O'Shea, an official driver, and Ms Aideen Damary, an administration executive, could not be governed by Irish labour or equality law while the principle of immunity existed.

The Equality Authority last night called for a review of the immunity legislation.

Its chief executive, Mr Niall Crowley, said workers in embassies should have the same rights as all other employees, who were protected from discrimination under national equality legislation. "It is important that sovereign immunity does not supersede the right to equal treatment and equal pay in the workplace," said Mr Crowley.

READ MORE

The Equality Authority had taken the cases on behalf of Mr O'Shea and Ms Damary, who between them have almost 37 years' service with the embassy.

They had intended making claims under the Employment Equality Act 1998 for discrimination in respect of equal treatment and equal pay on the grounds of race.

The claimants can appeal to the Labour Court but the Equality Authority said last night that it had not yet decided whether to take this step.

A Department of Justice official said there were no plans to review the principle of immunity.