Employment (Miscellaneous Provisions Bill) 2017 – Prohibition of Discrimination in Respect of Disadvantaged Socio-Economic Status

It has been reported that the Joint Committee on Justice and Equality will carry out detailed Scrutiny of Equality (Miscellaneous Provisions) Bill 2017 today. A copy of a link to the Bill can be found here. Chairman of the Committee Caoimhghín Ó Caoláin said: "The aim of this Bill is [...]

By |2019-10-18T10:24:31+00:00January 24th, 2018|Discrimination, Employment (Miscellaneous Provisions) Bill 2017, Equal status Act 2000, latest news|Comments Off on Employment (Miscellaneous Provisions Bill) 2017 – Prohibition of Discrimination in Respect of Disadvantaged Socio-Economic Status

Employment Equality (Amendment) Bill 2016 – Compulsory Retirement Ages and Full Fitness to Work

Section 6 of the Employment Equality Act 1998 (as amended by Section 4 of the Equality (Miscellaneous Provisions) Act 2015) is to be amended to provide that it will be unlawful to impose a compulsory retirement age against an employee if the employee can demonstrate as a "matter of fact [...]

By |2019-10-18T10:24:56+00:00January 2nd, 2017|Age Discrimination, Employment Equality (Amendment) Bill 2016, Equality, retirement age, Workplace Relations Commission|Comments Off on Employment Equality (Amendment) Bill 2016 – Compulsory Retirement Ages and Full Fitness to Work

Employment Equality (Amendment) Bill 2015 Published

The Government has this week published the Employment Equality (Amendment) Bill 2015 a copy of which can be accessed here. The purpose of the Bill is to provide equality for employees of education, medical and other services under the direction of religious organisations. Section 37 of the Employment Equality Act [...]

By |2019-10-18T10:25:28+00:00June 11th, 2015|Discrimination, Employment Equality (Amendment) Bill 2015, latest news, Litigation|Comments Off on Employment Equality (Amendment) Bill 2015 Published

Unfair Dismissal and Discriminatory Dismissal – Is it possible to claim both under Section 101 of the Equality Act 1998 (as amended)

The recent case of Astrid McCarey v High Lennon and Associates UD909/2012 deals with the the jurisdictional issue under Section 101(2) of the Employment Equality Acts 1998 (as amended). Background The claimant in this case lodged a claim for unfair dismissal under Section 8 of the Unfair Dismissal Act 1977 [...]

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 discriminated against when the respondent failed to place him on a [...]

By |2019-10-18T10:20:32+00:00September 17th, 2013|Age Discrimination, Disability Discrimination, Discrimination, Equality, Equality Authority, Equality Tribunal, Equality Tribunal Decisions August 2013, latest news, Victimisation|Comments Off on Discrimination and Victimisation – Equality Tribunal Awards €80,000

Discrimination on Grounds of Disability – Maximum Award of €70,000 by Equality Tribunal

In the recently published decision of A Medical Secretary -V- HSE West [DEC-E2013-083] by the Equality Tribunal, an employee was awarded €70,000 for the effects of discriminatory treatment which was just short of the maximum two years salary of €71,656.. Background The complainant was employed as a medical secretary by [...]

By |2019-10-18T10:20:33+00:00August 20th, 2013|Disability Discrimination, Discrimination, Equality Tribunal, Equality Tribunal Decisions July 2013|Comments Off on Discrimination on Grounds of Disability – Maximum Award of €70,000 by Equality Tribunal

High Court upholds Equality Tribunal decision that Garda Reserve not employee

The High Court was recently asked to consider an appeal and cross appeal brought pursuant to Section 79(5) of the Employment Equality Act 1998 (as amended) ("the Equality Acts") in the case of Ravinder Singh Oberoi v The Commissioner of An Garda Siochana [2013] IEHC 267. Background Section 79(5) of [...]

By |2019-10-18T10:20:34+00:00July 22nd, 2013|Discrimination, Employee v Self Employed, Equality, Equality Tribunal, High Court, latest news, Litigation|Comments Off on High Court upholds Equality Tribunal decision that Garda Reserve not employee

Equality Tribunal orders Bank of Ireland to pay €30,000 for discrimination

In the recent decision of Grainne Campbell v Bank of Ireland Private Banking DEC 2013-046, the claimant was awarded €30,000 for discrimination. A full copy of the decision is accessible here. 1. Background and Summary of Complainants Case The complainant contended that she was subjected to discriminatory treatment by the [...]

By |2019-10-18T10:20:10+00:00June 18th, 2013|Discrimination, Equality, Equality Authority, Equality Tribunal, Equality Tribunal decisions May 2013, latest news, Litigation, Maternity, Pregnancy at Work, Sick Leave|Comments Off on Equality Tribunal orders Bank of Ireland to pay €30,000 for discrimination

Selected Issues in Irish Equality Law 2008 to 2011 – Useful Report from Equality Authority

For those who missed this previously, the Equality Authority have a very useful resource published in February of this year outlining selected issues in equality law from 2008 to 2011 and written by David Fennelly BL. A full copy of the report is linked here . The report is broken [...]

By |2019-10-18T10:20:10+00:00June 6th, 2013|Equality, Equality Authority|Comments Off on Selected Issues in Irish Equality Law 2008 to 2011 – Useful Report from Equality Authority

Personal Injury and Equality Claims – High Court considers duplication of proceedings

In the recent case of Cunningham v Intel Ireland [2013] IEHC 207, Mr Justice Hedigan was asked to consider the issue of duplication of proceedings. We have referred extensively to extracts from the judgement delivered on 15th May 2013 below. Background The plaintiff in this case was employed by the [...]

By |2019-10-18T10:20:10+00:00June 4th, 2013|Bullying and Harassment, Discrimination, Equality, Equality Tribunal, High Court, Labour Court, latest news, Litigation, Personal Injury, Personal Injury Assessment Board|Comments Off on Personal Injury and Equality Claims – High Court considers duplication of proceedings

Retirement and Discrimination on the Grounds of Age – Award of €5,000

Reported in this month's Irish Employment Law Journal is the interesting case of Sweeny v Aer Lingus Teo (DEC-E2013-135) which was delivered on October 23rd 2012. A link to the decision is found here. The dispute concerns a claim by Ms Elizabeth Sweeny that she was subjected to discriminatory treatment by the [...]

By |2019-10-18T10:19:24+00:00April 2nd, 2013|Age Discrimination, Discrimination, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, pensions|Comments Off on Retirement and Discrimination on the Grounds of Age – Award of €5,000

Award of €45,000 for Victimisation and dismissal before Equality Tribunal

In a recent Equality Decision Tribunal case DEC E2012-160 (A Complainant v A Third Level Institution) the Complainant contended that she was discriminated against by the Respondent on the grounds of gender, family status and disability contrary to sections 6(2)(a), 6(2)(c) and 6(2)(g) of the Employment Equality Acts 1998 to 2008 ("the [...]

By |2019-10-18T10:19:24+00:00March 29th, 2013|Disability Discrimination, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, Victimisation|Comments Off on Award of €45,000 for Victimisation and dismissal before Equality Tribunal

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) DEC-E/2012/103 published by the Equality Tribunal last summer which concerned the difficult issue of [...]

By |2019-10-18T10:19:03+00:00February 18th, 2013|Bullying and Harassment, Contract of Indefinite Duration, Discrimination, Equality, Equality Tribunal, Investigation, Schools, Sexual Harassment, Victimisation|Comments Off on Victimisation results in award of 18 months salary for teacher before Equality Tribunal

New Pregnancy related Equality Decision – Award of €29,000 for discrimination and victimisation

Included in the recently released equality decisions is the case of Ms Rachel McCarthy v Niscayah Limited DEC-E2012-191 where the Complainant was awarded €24,000 in respect of the discrimination and €5,000 in respect of victimization. Background The Complainant in this case worked for the Respondent as an office administrator from 2005 until [...]

By |2019-10-18T10:19:04+00:00January 22nd, 2013|Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012|Comments Off on New Pregnancy related Equality Decision – Award of €29,000 for discrimination and victimisation

UK employer liable for facebook status “finally came out of the closet” “hijack” of ex-employee by colleagues

I recently came across this case of the London South Employment Tribunal of 19th June 2012 whilst doing some research for a presentation I am doing for Legal Island later this year. The UK case of Otomewo v Carphone Warehouse [2012] EqLR 724 again demonstrates that employers can be held vicariously liable for discriminatory [...]

By |2019-10-18T10:16:00+00:00July 22nd, 2012|Equality, Privacy, social media|Comments Off on UK employer liable for facebook status “finally came out of the closet” “hijack” of ex-employee by colleagues