Wozniczka v Couverture Ltd: Decision of the WRC and Labour Court

Posted in: BEO Solutions on Employment Equality Decisions on 12/02/2018 DEC-E2015-119 and EDA182, Wozniczka v Couverture Ltd., Part 1 Issues: Victimisation; Section 74 (2), WRC Decision Overturned; Protected Act This case relates to the Complainant, Katarzyna Wozniczka and her employer, the Respondent, Couverture Limited, who made her redundant following her referral o...

Equality Decisions Review August 2017

Posted in: BEO Solutions on Employment Equality Decisions on 08/08/2017 In this month’s equality feature, Bernadette Treanor, Managing Consultant with Beo Solutions, reviews the case of Irish Rail v Michael Flanagan [2017] EDA1716 and Complainant and Various (Bakery Case) [2017] ADJ-00004390. * NOTE: Bernadette is also the chair of Legal-Island's Employment Equality La...

Mr. C Flynn v Public Appointment’s Service

Posted in: BEO Solutions on Employment Equality Decisions on 06/03/2017 The complainant, who suffers from ADD, asserted he was disadvantaged by stage 1 of the competition for Clerical Officer consisting of a 90 minute questionnaire and three aptitude tests. His allegations were upheld at first instance and an award of €5000 made for a failure to provide him with reaso...

Age Discrimination in Selection for Promotion

Posted in: BEO Solutions on Employment Equality Decisions on 27/02/2017 In this article, Bernadette Treanor reviews the cases of Mr. J Montgomery v Department of Arts, Heritage and the Gaeltacht (DEC-E2016-133) and Ms. K Coffey v Department of Arts, Heritage and the Gaeltacht (DEC-E2016-134). Issues: Age, selection process, preliminary interview results Both of these c...

Data Classification Analyst v Market Research Company [ADJ-00001299]

Posted in: BEO Solutions on Employment Equality Decisions on 20/02/2017 Issues: Return from maternity leave, breastfeeding, harassment, victimisation, less favourable treatment, constructive dismissal The complainant asserted she was treated less favourably at work from the point where she announced her pregnancy. She asserted she was targeted and bullied, and experien...

Equality Decisions Review Issued in October 2016

Posted in: BEO Solutions on Employment Equality Decisions on 27/10/2016 Both cases considered here address section 14A. In the first ADJ-00002040, the adjudicator took positions relating to the consideration of reasonable cause for extension of time and the application of the defence which are departures from the normal approach adopted in such cases. The claim was d...

Equality Decisions Review Issued in June 2016 (Part 2)

Posted in: BEO Solutions on Employment Equality Decisions on 08/08/2016 MPD162 - HSE v Rabbitte Issues: Maternity protection, entitlement to return to job when maternity leave ends, responsibility to identify appropriate duties This Labour Court determination is made in accordance with the maternity protection provisions but is of interest because a considerable number...

Equality Decisions Review Issued in June 2016 (Part 1)

Posted in: BEO Solutions on Employment Equality Decisions on 26/07/2016 1. EDA1614, Congregation of Dominican Sisters of the Rosary and St Catherine of Siena, Otherwise Santa Sabina House v Tariro Mutyandasvika Issues: Complaint not out of time, Equality Officer erred This was an appeal of an Equality Officer Decision that the complaint was out of time. The original ...

Equality Decisions Review May 2016

Posted in: BEO Solutions on Employment Equality Decisions on 17/05/2016 1. ADJ – 00000107 - This is the first review of an equality decision submitted since the establishment of the WRC being lodged on 8 October 2015. The case considers an interview process and the respondent’s apparently robust interview procedures won the day. 2. DEC-E2016-037 – Victimisation was the...

Employment and Equality Decisions Issued in March

Posted in: Mar on 04/03/2016 1. DEC-E2015-138 looks at compulsory retirement age and finds that pension notifications from 1999 were the most recent act of discrimination rather than the more recent retirement letters. It also includes a refusal of permission to proceed with a claim before the EAT under section 101(2)(b) in ci...