Jahan Company T/A Irema Ireland v Anne Power

Representative for the respondent objected to the case proceeding on the basis that the claim was res judicata, an identical case having been heard before a Rights Commissioner. The Equality Officer found that there was nothing in the Employment Equality Acts to prevent a claim being pursued under both it and the Maternity Protection Acts.

The Court considered the case before each forum and found that they were clearly grounded on the same facts. The doctrine of res judicata normally prohibits a party from seeking to litigate the same issue twice. In other words, the cause of action in the earlier action must be the same as that raised in the second action for the res judicata or cause of