Paternity Leave Request Results in Dismissal

In recent WRC decision it was found that an employee's request for paternity leave may have resulted in his dismissal. The claim was taken under the Industrial Relations Acts where a recommendation can only issue. A claim under different legislation may have resulted in a different outcome. https://www.workplacerelations.ie/en/cases/2019/july/adj-00018852.html

By |2019-10-18T10:23:47+00:00August 20th, 2019|latest news, Paternity Leave|Comments Off on Paternity Leave Request Results in Dismissal

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

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 Equality Acts ("the Acts"). He also made a [...]

By |2019-10-18T10:20:10+00:00June 19th, 2013|Age Discrimination, Discrimination, Equality, Equality Authority, Equality Tribunal, Equality Tribunal decisions May 2013, Fixed Term Workers, latest news, Litigation, retirement age, Victimisation|Comments Off on Retirement Age, Fixed Term Contracts and Discrimination -One Year’s Salary awarded

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

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 the Respondent in accordance with [...]

By |2019-10-18T10:19:03+00:00February 7th, 2013|Appeal Hearing, Discrimination, Equality Tribunal, Labour Court, Religious Discrimination, Unfair Dismissal, Victimisation, Workplace Investigations|Comments Off on Victimisation – Labour Court considers if dismissal a reactive response to complaints made

Homophobic working environment leads to award of €24,000 for discrimination and victimisation

In a decision reported in the media today namely An Employee v A Credit Union, an employee was awarded €16,000 in respect of victimisation and €8,000 for discrimination whereby it was alleged he was discriminated against on the grounds of sexual orientation and that he was further victimised in this regard. [...]

By |2019-10-18T10:19:04+00:00January 23rd, 2013|Bullying and Harassment, Constructive Dismissal, Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, Workplace Investigations|Comments Off on Homophobic working environment leads to award of €24,000 for discrimination and victimisation

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

Equality Decisions published today – €52,000 award for discrimination and victimisation

The Equality Tribunal have published 41 decisions in respect of December 2012 today on their website http://www.equalitytribunal.ie/Press-Releases-1/Press-Releases/What's-New/The-Equality-Tribunal-publishes-41-decisions-for-December-2012.html. We have highlighted one of a series of cases below namely DEC-E2012-175 Murphy v Independent Newspapers Ireland Limited which resulted in an award of €26,000 in compensation for distress caused by discrimination and [...]

By |2019-10-18T10:19:04+00:00January 21st, 2013|Discrimination, Equality, Equality Tribunal Decisions December 2012, Pregnancy at Work, Redundancy|Comments Off on Equality Decisions published today – €52,000 award for discrimination and victimisation