Pat McDonnell Paint Sales Ltd and O’Flynn Posted In: Case Law
Case ReferenceADE//13/39, Determination No. EDA1412, 19 March 2014
Legal BodyLabour Court
Type of Claim / JurisdictionDiscrimination and Equality
In general terms, Section 6 of the Employment Equality Act 1998 (as amended) provides that discrimination occurs where a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of nine discriminatory grounds. One of these is the disability ground, i.e. that one is a person with a disability and the other either is not (a person with a disability) or is a person with a different disability. Section 8 of the Act prohibits discrimination in terms of access to employment and conditions of employment and this includes a dismissal based on any of the discriminatory grounds.
Section 16 (as amended) then goes on to
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