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 High Court recently issued an interesting decision about the employer’s obligation to make reasonable accommodation for an employee who is unable to carry out the full range of duties. The case is Robert Cunningham and Irish Prison Service and The Labour Court [2020] IEHC 282. Background Robert Cunningham is a prison officer and had … Read more
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
Ana came to Ireland from Croatia in 2014. She knew a small number of Croats living in Dublin and they had told her she would find work here quickly enough. They were right and she started a job in a coffee shop in the southside of Dublin within 2 months of arriving in Dublin. She … Read more
Did you know that you cannot bring a claim for unfair dismissal and discriminatory dismissal at the same time? They are considered to be parallel complaints and you will have to choose one or the other. Let me clarify: section 77 of the Employment Equality Act, 1988 states 77.— F117 [ (1) A person who … Read more