Sick Notes and Proving Disability
1. Introduction The case of Louis O’Neill v City Break Apartments Limited City Break Apartments (ADJ-00042764) examines the circumstances under which an Adjudication Officer will construe medical certificates as providing a sufficient proof, from an employee to an employer, that they were suffering a disability, in accordance with the definition within the relevant legislation, creating
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Remote Working and Reasonable Accommodation
1. Introduction The case of Sarah Treacy v Centz Retail Holdings Ltd. (ADJ-00037025) examines the circumstances under which an employer will be required to consider remote working, as a form of reasonable accommodation, in respect of an employee who may be suffering a disability. Sarah Treacy (the Complainant) brought a complaint under section 77 of
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Duty to Inform Employer of Disability
1. Introduction The case of Alan McAndrew v DHL Supply Chain (Ireland) Limited (ADJ00035383) examines the obligations of an employee to inform an employer of any disability should the employee seek a reasonable accommodation. Mr McAndrew (the Complainant) brought a complaint under the Employment Equality Act, 1998 against DHL Supply Chain (Ireland) Limited (the Respondent)
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Employment Equality and Indirect Discrimination
1. Introduction Indirect discrimination occurs where a provision, criterion or practice that is neutral on its face has a disproportionate adverse impact on persons of a particular protected characteristic, and the provision cannot be objectively justified. Indirect discrimination is often more difficult to identify than direct discrimination, but it remains a significant source of WRC
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Dismissal due to Pregnancy
1. Introduction The case of The case of Ms Abbie Walsh v Soraghan Auto Retail Limited T/A Sandyford Motor Centre (ADJ00045841) examines the circumstances under which the dismissal of a pregnant employee will be deemed to amount to a form of discrimination. Ms Walsh, (the Complainant), brought a complaint under Section 77 of the Employment
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How to Prove a Discrimination Claim Under Irish Employment Equality Law
Equality Law In Practice If you believe you’ve been discriminated against at work, Irish law is on your side, but you need to understand how the burden of proof works before you bring a claim. The Employment Equality Acts 1998–2015 protect employees from discrimination on nine specific grounds. But winning a claim isn’t just about
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Returning to Work after Maternity Leave – Employment Law Protections
Background The case of A Marketing Manager v A Drinks Retail Company (ADJ-00051379) examines the circumstances under which discrimination will have occurred, following the return to work of an employee who has availed of maternity leave, when there have been significant changes to their terms and conditions of employment. A Marketing Manager (the “Complainant”) brought
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Constructive Dismissal and Harassment in the Workplace
Background The case of Care Worker v Costern Unlimited Company (ADJ00046268) examines the circumstances under which it will be deemed reasonable for an employee to resign and bring a claim of unfair dismissal by way of constructive dismissal on foot of a failure of their employer to properly investigate their complaints. A Care Worker (the
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Discrimination Claims and the Burden of Proof
Background The case of A Job Applicant v A Public Body (ADJ00049321) examines the burden of proof in discrimination claims, particularly when discrimination is being claimed at the interview stage. A Job Applicant (the Complainant) brought a complaint under Section 77 of the Employment Equality Act, 1998 against A Public Body (the Respondent) to the
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Reasonable Accommodation and Long Covid
Background The case of Oisín Gourley v Mason Hayes & Curran LLP ADJ-00049048 examines the circumstances under which an employer will be compelled to consider what reasonable accommodations can be provided to an employee who is suffering from long covid. Mr. Gourley (the Complainant) brought a complaint under section 77 of the Employment Equality Act,
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