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Recent High Court Decision On Penalisation under Safety Health and Welfare at Work Act 2005

In the recently published High Court case of Stobart Ireland Driver Services Limited v Keith Carroll [2013] IEHC 581, the High Court was asked to consider an appeal from a decision of the Labour Court which was given on 17th January 2013 which the appellant had...

Discrimination and Victimisation – Equality Tribunal Awards €80,000

In the recently published Equality Tribunal decision A Prison Officer v The Prison Service, the complainant was awarded €80,000 for the effects of discrimination and victimisation under the Employment Equality Acts 1998 (as amended).The complainant alleged that he was...

Retirement Age, Fixed Term Contracts and Discrimination -One Year’s Salary awarded

In the recent equality tribunal decision of Michael McPhillips v ISS Facility Services (DEC-2013-042) the complainant argued that he was subjected to discriminatory dismissal by the respondent on the grounds of age contrary to Section 6 of the Act of the Employment...

Victimisation results in award of 18 months salary for teacher before Equality Tribunal

The issue of discrimination in the workplace including victimisation continues to dominate workplaces including schools and in this regard it is worth revisiting the case of A Female Teacher (Complainant) v Board of Management of a Secondary School (Respondent)...

Victimisation – Labour Court considers if dismissal a reactive response to complaints made

We are often asked what is meant by victimisation and the case of Monaghan County Council v Roy Mackarel Determination Number ED 1213 from 2012 gives us some answers. Here the Labour Court noted that “the burden of proving the absence of victimisation rests with...