Two Discrimination Cases-Different Responses from Employer, Similar Outcome for Employee

I have been involved in two discrimination cases which have been finalised in the last few weeks. The outcomes of the cases, coincidentally, are similar and have culminated in compensation for both employees. The first one involved a case of sexual harassment in the workplace and resulted in a compensation payment, tax free, of €30,000. … Read more

Catering Assistant Awarded €30,000 for Sexual Harassment

The WRC have awarded €30,000 to our client arising from a claim of sexual harassment in the workplace. The claim was brought under the Employment Equality Act 1998 and in a comprehensive 20 page decision the WRC Adjudicator awarded her €30,000, not subject to any statutory deductions, which was the equivalent of 18 months’ wages. … Read more

Indirect Discrimination Award of €38,000 Where Part Time Employee Required to Work Full Time

A WRC decision of August 2019 deals with a case where the part time worker was required to move to full time work. It is an instructive case when you want to understand indirect discrimination. Indirect discrimination is different from direct discrimination and is defined as: (a) Indirect discrimination occurs where an apparently neutral provision … Read more

Von Colson and Kamann-Establishing the Principle of Indirect Effect

You may never have heard of Von Colson and Kamann, but if you are an employee you are indebted to them. Von Colson and Kamann were German social workers whose appeal established an important principle: that EU states were obliged to provide a legal remedy in order to give effect to the principle of equal … Read more

Guidance from the Supreme Court in the ‘Nano Nagle’ Reasonable Accommodation Case

The recent Supreme Court decision in the ‘Nano Nagle’ is worth a closer look by both employers and employees who are concerned with what is expected by way of ‘reasonable accommodation’ for an employee with a disability. This obligation on an employer to provide ‘reasonable accommodation’ to an employee is set out in section 16 … Read more