Latest in Equality Law Decisions

Equality Law Decisions

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Features

Successful Claim for Unfair Dismissal Arising from Conduct "Outside" of the Workplace

Posted in: Equality Law Decisions on 15/01/2024 Paul Dudgeon v An Post ADJ-00038989 This is a very noteworthy case dealing with a complaint made under Section 8 of the Unfair Dismissals Act 1977. It serves as a good reminder of the approach employers should take when dealing with disciplinary actions of the conduct of an employee outside of the...
This article is listed under the following topics:
Dismissal
Features

Successful Claim for Discrimination arising from the Conduct of an Internal Interview Process

Posted in: Equality Law Decisions on 20/09/2023 Siobhán McCoy v An Garda Síochána ADJ-00032117 This is a very interesting case dealing with a complaint made under Section 77 of the Employment Equality Act, 1998. It serves as a good reminder of the challenges in managing interviews for promotion from an equality law perspective, in particular wh...
This article is listed under the following topics:
Discrimination and Equality
Features

Unfair Dismissal for Misconduct

Posted in: Equality Law Decisions on 21/03/2023 An Employer (Represented by Irish Business and Employers' Federation) and A Worker (Represented by Butler Monk Solicitors) UD/21/83, ADJ-00031009, CA-00041272-001, DETERMINATION NO. UDD237 This is a very interesting Labour Court case dealing with dismissal and whether it is a proportionate sanctio...
This article is listed under the following topics:
Dismissal Discipline and Grievance
Features

Is a Discretionary Clause in a Sick Pay Scheme Always Permissible?

Posted in: Equality Law Decisions on 14/02/2023 Marek Adamiuk v Tesco Ireland Limited ADJ-00034163 The Employee's Position The complainant commenced employment with the respondent on 1 February 2008 as a Warehouse Operative. He states that he was injured in work on the night of 13 May 2021 while lifting a crate of wine. He states that in trying...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures Leave
Features

Sexual Harassment In The Workplace – A Subjective Test?

Posted in: Equality Law Decisions on 15/11/2022 Dermot Casserly, Partner, and Leah Traynor, Trainee Solicitor, DWF (Ireland) LLP discuss a recent sexual harassment case, A Waitress v A Café ADJ-00035326, in which the complainant left her position after four weeks due to an offensive and humiliating remark by her supervisor. The complainant start...
This article is listed under the following topics:
Discrimination and Equality
Features

Withdrawal of Employment Due to Disability Deemed Discrimination

Posted in: Equality Law Decisions on 20/06/2022 The case of Warren Sweeney v MSL Engineering ADJ-00030065first looked at whether the Complainant was technically "an employee" and eligible to take a case under the Employment Equality Act, 1998. The Adjudicator took the view the Complainant was qualified to take a complaint under the Act. The Com...
This article is listed under the following topics:
Health and Safety Discrimination and Equality Coronavirus/Covid-19
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