Discrimination and Dismissal during the Probationary Period
Introduction The case of Anuaj Patwardhan v Black Shamrock Ltd (ADJ-00039205) serves as a reminder of the importance of maintaining detailed records during a probationary period, of employees whose performance may not be to standard, especially when dismissal may be contemplated. In this case, Ms. Patwardhan (the Complainant) alleged that her employer, Black Shamrock Ltd
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Sexual Harassment Claims before the WRC
Introduction to Sexual Harassment Law in Ireland The Employment Equality Acts 1998 – 2015 make it abundantly clear that the harassment or sexual harassment of any employee is against the law. In 2012, the Department of Justice, Equality and Law Reform published an updated Code of Practice on Sexual Harassment and Harassment. According to the
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Reasonable Accommodation in the Workplace
Introduction to Reasonable Accommodation in the Workplace The recent case of Damien O’Sullivan v FG Wilson Engineering (Dublin) Limited (ADJ -00030123) examined the issue of discrimination on the grounds of disability, and how Covid-19 can impact what steps an employer needs to take when considering a reasonable accommodation. Mr. O’Sullivan (the Complainant) argued that his
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Defining Disability under Irish Employment Law
Defining Disability under Irish Employment Law For an employee to prove a claim of discrimination, under Irish employment equality legislation, they must first demonstrate that they have a “disability” within the meaning of section 2 of the Employment Equality Act. furthermore, they must demonstrate on medical evidence that they had a “disability” within the meaning
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Menopause, Work and Employment Equality Protections
Introduction People Management recently reported that Members of the British Parliament Women and Equalities Committee, heard that many women who feel they have been discriminated against because they are going through the menopause have to find legal workarounds to argue their case, often having to rely on rules around disability discrimination (please click here). A
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Inference of Discrimination – The Employment Equality Acts
Introduction In ‘Hyde and Seek Glasnevin – And – Jade Byrne-Hoey’, the issue of an honest belief in the fact that one is being discriminated, on one of the protected grounds under the Employment Equality Acts, and the requirement to prove discrimination in progressing a claim, was examined. Ms. Byrne-Hoey Hoey felt she was discriminated
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Is Mistreatment Discrimination?
When does mistreatment amount to discrimination? A matter recently came before the Labour Court which examined the criteria necessary to prove a claim of discrimination. The complainant employee in this matter (Ms Violeta Cucovic -v- Centric Health Primary Care Limited EDA2125) contended she was discriminated against on grounds of her gender, civil status, religion, age
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Pregnancy, Probation and Dismissal
Can an employer terminate the employment of a pregnant employee during her probationary period? Yes, but an employer will need to prove that the dismissal was wholly unrelated to the pregnancy. Ordinarily, in order to bring a complaint seeking adjudication by the Workplace Relations Commission under the Unfair Dismissals Act, 1977, an employee will
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Sexual Harassment under Irish Law – A Guide
What is ‘harassment’ under Irish Employment Law? The Labour Court in the case of Nail Zone Ltd v A Worker, Labour Court Determination EDA 1023, 10 November 2010, defined the law in relation to harassment as follows: “The essential characteristics of harassment within this statutory meaning is that the conduct is (a) unwanted and (b)
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Guide to Equality Law in Ireland
Employment Equality Law Resources: Guide to Employment Equality Acts Proving an Employment Equality Claim Bringing an Employment Equality Claim Employment Equality Cases and Claims Employment Equality Legislation Section 85A of the Employment Equality Act provides as follows in relation to the burden of proof which a complainant must establish: 85A (1) Where in any proceeding’s
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