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)...

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....

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)....

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....

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....

A recent case where two Polish nationals claimed they had been discriminated against by their employer McDonalds because they were required to use English at all times at work provides some helpful guidance on how employers can legitimately implement a common language policy in their workplaces. (Ref Dec-E2015-072)...