Latest in Equality Law Decisions

Equality Law Decisions

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Non-Payment Of Sick Pay Found To Be Discriminatory On The Grounds Of Race

Posted in: Equality Law Decisions on 11/09/2020 In the case of User Interface Designer v Engineering Company, ADJ-00023614, the Claimant, a Croatian national, alleged that she was discriminated against by reason of her race and disability in relation to her terms and conditions of employment and her subsequent dismissal. The Claimant's position ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Features

Duty to Make Reasonable Accommodations

Posted in: Equality Law Decisions on 24/08/2020 Award for disabled employee awarded €10,000 by WRC adjudicator after termination of employment In the recent WRC case of a Receptionist vs a Manufacturing Company ADJ-00023749 an employee with less than one years' service was awarded compensation of €10,000 (just over 5 months' pay) after she was f...
This article is listed under the following topics:
Discrimination and Equality
Features

Substantial Award Made to Employee for Failure to Provide Reasonable Accommodation

Posted in: Equality Law Decisions on 15/07/2020 In the recent WRC case of Executive Assistant v University ADJ-00022851, the Adjudication Officer ("AO") was required to decide whether the Respondent had failed to reasonably accommodate the Complainant as a result of her disability and also whether the Complainant had been constructively dismisse...
This article is listed under the following topics:
Discrimination and Equality
Features

Mandatory Retirement Age – Is It Objectively Justifiable?

Posted in: Equality Law Decisions on 22/06/2020 Authors: Alison Martin, Associate and Thomas Bulfin, Trainee Solicitor, DWF In the recent WRC case of Joseph McGrath v Focus Ireland ADJ-00018823, the adjudication officer considered the issue of objective justification in relation to the employers mandatory retirement age. Background Mr. McGrath (...
This article is listed under the following topics:
Discrimination and Equality
Features

Coronavirus and Discrimination: The balance between protecting employees and avoiding unlawful discrimination claims

Posted in: Equality Law Decisions on 12/05/2020 On the 1st May 2020, the Government published its Roadmap to Ease Restrictions and Reopen Ireland's Economy and Society. This sets out five different phases intended to apply between 18th May and 10th August 2020, subject to the virus remaining under control between each phase. Employers are being ...
Features

Altering An Employee's Role While On Maternity Leave Found To Be Discriminatory

Posted in: Equality Law Decisions on 28/04/2020 A recent case before the WRC (HR Manager v Aviation Recruitment and Staff Support Agency – ADJ-000231830)once again serves as a reminder of the strong protections for employees on maternity leave and their rights around returning to work. Background The complainant started work with the responde...
This article is listed under the following topics:
Discrimination and Equality
Features

Defending A Claim For Discrimination In Relation To Access To Employment

Posted in: Equality Law Decisions on 13/03/2020 A recent decision before the Workplace Relations Commission (WRC) highlights the importance of following proper procedures and maintaining appropriate records during the recruitment process, in order to be in a position to robustly defend a claim for discrimination in relation to a candidate's appl...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Features

Are Vegans Protected by Equality Law in Ireland?

Posted in: Equality Law Decisions on 24/02/2020 The recent UK case of Casamitjana –v- The League Against Cruel Sports (Employment Tribunal decision, case number 3331129/2018) held that ethical veganism is a philosophical belief, which is protected by the Equality Act 2010 ("the UK Equality Act"). This case raises the question as to whether simil...
This article is listed under the following topics:
Discrimination and Equality
Features

Constructive Dismissal of a Pregnant Employee

Posted in: Equality Law Decisions on 14/01/2020 Under Irish law, pregnant employees, employees on maternity leave and employees who have recently given birth are afforded significant protection from dismissal and discriminatory treatment in the workplace, recognising the vulnerable position the may be in during this time. Recent case A recent ca...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Features

How to Establish a Reasonable Steps Defence

Posted in: Equality Law Decisions on 12/11/2019 The issue of sexual harassment remains in the spotlight with substantial awards being made by the Workplace Relations Commission in such cases. It is essential that employers follow certain steps to protect themselves against such claims. The legal position The Employment Equality Acts 1998-2015 ("...
This article is listed under the following topics:
Discrimination and Equality