Anita Groener vs. the Minister for Education and the City of Dublin
The case study is presenting a lawsuit of Anita Groener, who is suing Minister for Education (hereinafter referred as ‘the Minister’) and the City of Dublin - Vocational Educational Committee (hereinafter referred as ‘the Education Committee’). The charge was based on the free movement of workers, more specific, knowledge of an official language of the host country. Mrs. Groener was a Netherlands’ national, who wanted to work as a full-time art teacher.
The origin of the dispute was the Minister’s refusal to appoint Mrs. Groener to a permanent full-time post as an art teacher employed by the Education Committee after she had failed a test, intended to asses her knowledge of the Irish language. Minister’s …show more content…
I do not agree with the result of the lawsuit regarding the court’s decision. I believe that this is not the case of direct discrimination because the law says that Irish is the first official language and this requirement is applied in a proportionate and non-discriminatory manner, even though it could be a case of indirect discrimination, because Mrs. Groener would not teach art in Irish language but in English.
Direct discrimination is pretty straightforward in most cases. It happens when you are dealt with unfairly on the basis of one of the grounds (compared with someone who does not have that ground) and in one of the areas covered by the Act.
Indirect discrimination is often less obvious. Sometimes, a policy, rule or practice seems fair because it applies to everyone equally, but a closer look shows that some people are being treated unfairly. This is because some people or groups of people are unable or less able to comply with the rule or are disadvantaged because of it. If this policy or practice is ‘not reasonable', it may be indirect discrimination.
The Irish government wanted to protect their culture and identity, but learning their language can aggravate foreigners to work in Ireland. In Slovenia we have a