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) … Read more

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 … Read more

Shop Assistant Awarded 2 Years’ Salary for Discriminatory Dismissal

When Jimmy came to see me after he was dismissed from his job I advised him against bringing a claim for unfair dismissal. And that decision has now paid off handsomely. Because Jimmy has now been awarded 2 years’ salary for the claim arising from his dismissal-a discrimination claim under the Employment Equality Act 1998, … Read more

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

Discriminatory Dismissal Leads to €46,000 Compensation Award

Could you afford an employment law award of €46,000 against you? Let’s face it you would be hard pressed to just take it on the chin and chalk it down to experience. But that is what you could be facing if you are at the losing end of a WRC decision as occurred recently in … Read more