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Age and Health Discrimination

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)

Discrimination During Maternity Leave

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.

Temporary Lay Off & Short Time

As temporary lay off and reduced working hours has become the new normal working arrangement for many employers due to Covid 19, this short article deals with some of the practical issues regarding accrual of leave and selection of employees for lay-off or reduced working hours.

€55k Awarded To Director of Marketing For Discrimination On Grounds of Gender

The Complainant has been employed for almost four years before made redundant without notice, and 14 days after informing her employer that she was pregnant. The Complainant contended that she had been discriminated against on gender and family status grounds and had been dismissed by means of redundancy due to her pregnancy.

Forced Retirement Was Discrimination on Grounds of Age

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).

Dismissal Was Not Due To Redundancy & Related to Complainant's Pregnancy

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.

Discrimination On Grounds of Disability

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.

What steps should employers take to ensure that they can defend a sexual harassment claim?

In a recent determination published by the Labour Court (EDA175) the necessity for all employers regardless of size to have in place a written policy on harassment in the workplace was once again stressed.

Can abusive comments posted on Facebook outside of work by colleagues constitute harassement ?

The scope of Dignity at Work Policies is that behaviours complained about must have occurred in the course of employment. This scope does not always cover the personal use of social media outside of work and it is an interesting issue that was dealt with by the Labour Court recently in Dublin Bus v McCamley (EDA 164). This was an appeal by an employee of an Equality Tribunal Decision ( DEC E2015 - 100) which had found that his employer was not liable for harassment that had occurred.

€7k awarded to dismissed pregnant fast food worker

In case (DEC - E2016 - 058) a fast food worker who was dismissed after completing two months of her probationary period was found to have been discriminated against on grounds of gender due to being dismissed after informing her employer she was pregnant. Claims of harassment and sexual harassment were not upheld.

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