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29 Mar

Posted at 12:20h in discrimination
1 Like

The well publicised case last year in which three care workers in a nursing home were awarded a total of €150,000 for sexual harassment that was perpetrated by a resident, provides some useful reminders for employers on how sexual harassment complaints need to be managed in the workplace (ADJ- 00015039)...

04 Aug

Posted at 19:43h in discrimination, equality acts
0 Likes

This is an interesting case in which an employer suggested that it had cited age and heath to be the reason for a cleaner's dismissal to assist her getting social welfare, rather than referring to the real gross misconduct reason of inappropriate behaviour with a resident in the disability service that she worked in. This was a costly mistake that resulted in an award of €10,000 being made against them for discrimination (ADJ - 00025681)...

05 Jun

Posted at 19:45h in discrimination, equality acts
0 Likes

As we approach a period of restructuring and potential redundancies due to the implications of Covid 19, employers should not forget that employees who are on maternity leave are entitled to return to the position held prior to going on maternity leave, or an equivalent post, on terms and conditions that are no less favourable. The decision reached in a recent equality case ADJ-000231830 serves as an useful reminder of how employees on maternity leave are protected....

29 Mar

Posted at 14:39h in discrimination, dismissal, equality acts, Organisation of Working Time Act, unfair dismissal
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Another recent case dealing with the issue of the forced retirement of a legal secretary who had 40 years service, once again highlights the difficulties that employers face in implementing retirements, when they have not established a fixed retirement age, on objective grounds, either contractually or through custom and practice (Ref ADJ - 00016645)....

22 Jan

Posted at 14:49h in discrimination, dismissal, equality acts, unfair dismissal
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A recent decision of an Adjudication Officer under the Employment Equality Acts 1998 - 2015 found that the Complainant had made a prima facie case of discrimination on grounds of gender, and had been dismissed due to her pregnancy and not due to reasons of redundancy as purported by the Respondent Company.The Complainant was awarded €14k compensation....

17 Aug

Posted at 14:57h in discrimination, dismissal, equality acts, unfair dismissal
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In a recent Labour Court Determination (EDA 1838), the importance of reviewing all available medical evidence and potential pending medical information was highlighted when Dunnes Stores lost it's appeal against an award that had been made against it, after they had dismissed an Assistant Manager who had been absent for over 2 years with a stress related condition....

26 Mar

Posted at 19:47h in discrimination
0 Likes

​As the award of €50,000 for age discrimination last week by the WRC to former RTE Reporter, Valerie Cox, made the news headlines, employers are once again reminded that whilst there is no current direct statutory bar on having a workplace retirement age, it remains very easy to fall foul of current employment equality legislation in respect of dealing with employees who have reached "retirement age" or who are coming close to it. In a separate case published recently Solas were ordered to pay €20k to an employee for asking a discriminatory question during an interview....

14 Dec

Posted at 19:49h in discrimination
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The recent High Court decision in Quigley v HSE [2017] IEHC 654 is a pertinent reminder for employers that they may face potential legal issues if they try and enforce a retirement age when there is no clear written or implied contractual right to do so, or in the event that there is that such a retirement age cannot be objectively justified....