An Employee v A Public Sector Employer Posted In: Case Law
Case ReferenceDEC-E2012- 040
Legal BodyEquality Tribunal (EQT)
Type of Claim / JurisdictionDismissal, Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
This was a preliminary ruling by the Tribunal in relation to complaints of race and religion discrimination made by a ‘reserve member’ of An Garda Siochána. The first preliminary matter was whether the complainant was an ‘employee’. On this point, the Tribunal relied on Section 15(6) of the Garda Siochána Act 2005, as amended by the Section 43 of the Criminal Justice Act 2007, which states that "a reserve member is a volunteer and does not perform his or her functions as such a member under a contract of employment".
The Tribunal took the view that this legislation impliedly amended the earlier Section 2(3)(a) of the Employment Equality Acts, so as to exclude reserve officers from the scope
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.