Latest in Equality Law Decisions

Equality Law Decisions

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Features

Equal Pay Under the Employment Equality Acts 1998-2021

Posted in: Equality Law Decisions on 12/04/2022 The Workplace Relations Commission (WRC) recently considered the issue of equal pay under the Employment Equality Acts 1998-2021 in the case of Paula Reid v Teagasc ADJ-00028084. Background The Complainant worked as a statistician and commenced employment with the Respondent in January 1977. She ...
This article is listed under the following topics:
Discrimination and Equality Pay Gender Pay Gap
Features

Employer Entitled to Rely on Clear Retirement Age Clause in Contract When Terminating Employee's Employment

Posted in: Equality Law Decisions on 16/03/2022 Background: In the case of Sean Fleming v Instant Upright Limited (ADJ-0033239) the employee was employed for approximately 30 years with the employer. His employment contract contained a clear and unambiguous clause providing for a retirement age of 65. The employee claimed that at a time of compa...
Features

Failure to Follow Company Doctor's Advice Results in Award for Employee

Posted in: Equality Law Decisions on 14/02/2022 The case of Nadezda Solomonova v Milne Foods Limited (ADJ-00023754) looks at the obligations on an employer to provide reasonable accommodation where an employee has informed them of a disability. The Complainant in this case commenced employment with the Respondent in April 2007 and worked as a ge...
This article is listed under the following topics:
Dismissal Absence and Sickness Discrimination and Equality
Features

Discrimination on the Grounds of Pregnancy – Key Considerations

Posted in: Case Law on 10/01/2022 A recent case before the WRC (An Employee v A Restaurant CA-00041705-002,ADJ-00031747) examines the strong protections in place for pregnant employees. Background and claim to the WRC The Complainant commenced employment with the Respondent in 2019 as a waitress in the coffee shop. Her duties incl...
This article is listed under the following topics:
Dismissal Discrimination and Equality
Features

Mandatory Retirement Found to Constitute an Unfair Dismissal

Posted in: Equality Law Decisions on 11/10/2021 A recent WRC decision looked at whether an employee who had reached the employer's compulsory retirement age had a legitimate expectation of a fixed term contract and whether or not she was unfairly dismissed in breach of the Unfair Dismissals Act 1977 (as amended). In the case of Teresa McCoy O'Gr...
This article is listed under the following topics:
Dismissal Discrimination and Equality
Features

Duty To Provide Reasonable Accommodation

Posted in: Equality Law Decisions on 09/08/2021 In the WRC case of a LT vs Peter Mark Hair Salons Unlimited Company [2021] (ADJ-00026173), the Complainant, a hair stylist, was awarded compensation as a result of the employer's failure to provide her with reasonable accommodation following an injury to her hand. Background The Complainant was emp...
This article is listed under the following topics:
Dismissal Absence and Sickness Discrimination and Equality
Features

Protection For Pregnant Employees

Posted in: Equality Law Decisions on 21/07/2021 Another recent decision of the Workplace Relations Commission, A Complainant v A Respondent, (ADJ-00026680) looks at the strong protections afforded to pregnant employees Background The Complainant commenced employment with the Respondent as Marketing Manager on the 4th December 2017 until the 15t...
Features

Bullying, Harassment and Sexual Harassment

Posted in: Equality Law Decisions on 14/06/2021 Background The Complainant commenced employment with Dublin City University (DCU) on the 27th November 2017 as Foundation Programme Co-Ordinator at the International Student Department. Her salary was €46,620 per annum. The Complainant alleged that she was sexually harassed, discriminated against a...
This article is listed under the following topics:
Dismissal Discrimination and Equality Policies and Procedures
Features

Disability Discrimination in Redundancy Selection

Posted in: Equality Law Decisions on 10/05/2021 Background The Complainant commenced employment with the Respondent employer in November 2017 as a legal executive, after the Respondent indicated her intention to run for election again and asked the Complainant if she would be interested in working with her. In January 2019, the Complainant's emp...
This article is listed under the following topics:
Redundancy Discrimination and Equality Policies and Procedures
Features

Avoiding Discrimination in Recruitment and Selection

Posted in: Equality Law Decisions on 12/04/2021 Recruitment and Equality Issues Two recent cases before the WRC highlight, once again, the potential for equality issues to arise in the context of internal promotion and recruitment processes and the varying levels of compensation that can be awarded where claims are successful. A Claims Officer ...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection