Tom Moloney Ltd T/A Squire Maguire’s v Thomas Keogh [2016]

At first hearing, this case resulted in four decisions in one Decision document in respect of constructive discriminatory dismissal, discrimination in respect of conditions of employment, harassment and failure to provide reasonable accommodation.  At first instance, only the first was upheld and an award of €12,000 was ordered.

The employer appealed the decision in respect of the constructive discriminatory dismissal which had been upheld against it but none of the others.  The complainant did not appeal any.

As a preliminary issue, the Labour Court considered what it was obliged to address on appeal and whether the complainant should be entitled to expand the case to address the