The employee in this case was 68 years of age when his employment was terminated on the grounds of age. James Spencer claimed there was no compulsory retirement in the workplace, and others had been permitted to work past the age of 68. The employer claimed there was a company retirement age of 66. The … 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
This case involved a woman who worked as a HR manager returning to work after her maternity leave and discovering she was not, according to her, returning to the same job she had left. She brought claims under the Maternity Protection Act 1994 and the Employment Equality Act 1998. Preliminary issue The employer’s legal team … Read more
If you are an employer faced with a discrimination based claim pursuant to the Employment Equality Acts there is a defence provided for in the legislation itself. However, before looking at this defence let’s take a look at the position in relation to the burden of proof in relation to claims of discrimination in the … Read more
There are 9 grounds of discrimination recognised in Irish law: Gender Civil status Family status Sexual orientation Religion Age Disability Race (includes race, colour, nationality or ethnic or national origins) Membership of the travelling community. If your claim to the WRC cannot be based on one of these grounds you may have been treated unfairly … Read more