Equality and Discrimination

A belief or opinion of discrimination is not enough-employee fails to establish facts

The Labour Court heard this appeal from the Workplace Relations Commission where the employee had been awarded €2,000 for discrimination. The burden of proof set out in the Employment Equality Act 1998 sets the standard of proof for an employee claiming they have been discriminated against.  Section 85A is the relevant provision:  “85A. — (1) …

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The Irish Naval Service Did Not Discriminate by Setting an Age Limit of 27 Years

This case involved a 47 year old man who applied to the Irish Naval Service for a role as a Radio and Radar Technician. The Irish Naval Service had set an age limit of 27 years for this position and did not accept his application. The applicant brought a claim to the WRC (Workplace Relations …

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Workplace investigation/disciplinary procedure statements-can you sue for defamation?

“I want to sue him/her for defamation.” I hear this request frequently when employees who are the subject of allegations in the workplace come to me for advice. They are incensed that a complaint or allegation has been made against them. How would you feel if a colleague accuses you of bullying or harassment or …

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Workplace harassment definition, sexual harassment definition and workplace bullying

Workplace harassment and sexual harassment definitions can be found in section 14A of the Employment Equality Acts 1998 to 2015. Section 14A of the Employment Equality Act 1998 Revised provides: Harassment and sexual harassment. 14A. — (1) For the purposes of this Act, where — ( a ) an employee (in this section referred to …

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New Code of Practice on Workplace Bullying 2021-What You Should Know

A new code of practice concerning the prevention and resolution of bullying at work has been made by way of a statutory instrument published on 5th January 2021. The Statutory Instrument is No. 674/2020 entitled-Industrial Relations Act 1990 (Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work) Order …

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