Latest in Equality Law Decisions

Equality Law Decisions

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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:
Unfair 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:
Unfair Dismissal Sickness and Absence 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:
Unfair 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...
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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
Features

Duty to Make Reasonable Accommodations – Further Considerations

Posted in: Equality Law Decisions on 08/02/2021 Irish Prison Service v Robert Cunningham and The Labour Court [2021] IECA 19 The Court of Appeal ("COA") recently considered, as a preliminary point, whether it had jurisdiction to consider an appeal by Irish Prison Service ("IPS") of a decision of the High Court. Mr. Cunningham, a prison officer e...
This article is listed under the following topics:
Discrimination and Equality
Features

Pregnancy Discrimination and Protections Afforded to Pregnant Employees

Posted in: Equality Law Decisions on 07/12/2020 Another recent employment law decision focuses on the protections afforded to pregnant employees. The Labour Court considered this issue in the case of Jo Jingles Cork v Heather O'Sullivan EDA/2018, ADE/19/35. The Respondent employer in this case appealed the decision of the Adjudication Officer (A...
This article is listed under the following topics:
Health and Safety Discrimination and Equality
Features

Section 14 A (2) Employment Equality Acts – Importance in Defending Harassment Claims

Posted in: Equality Law Decisions on 27/10/2020 Employee's claim of harassment not upheld where the employer took steps to prevent reoccurrence of harassment The recent case of Victor Kings Oluebube v CPL Solutions Limited t/a Flexsource Recruitment ADJ-00024254, looked at the issue of harassment and a defence to harassment pursuant to Section 1...
This article is listed under the following topics:
Discrimination and Equality
Features

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 Complainant, 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 Complainant's pos...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures