Discrimination
The Employment Equality Act 1998 prohibits discrimination in the areas of employment, vocational training, collective contracts, employment terms and conditions, including wages, taking into account the following criteria:
- gender;
- marital status,
- family status,
- age,
- disability,
- race,
- sexual orientation,
- religion, and
- being a member of the ethnic minority "Travelers community".
Discrimination in the workplace
Many times, employees use the word "discrimination" in a common sense, considering everything that is wrong or abnormal that happens to them in the workplace as discrimination, i.e.: rejection of annual leave, refusal to grant a raise, change of working hours, lack of a written contract of employment, change of duties.
Discrimination is a form of unjustified marginalisation, manifested by treating a person less favourable than someone else in a comparable situation because of some characteristic: e.g. nationality, pregnancy, illness, age. This means that in order to talk about discrimination, this particular feature must be the reason for refusing a raise, refusing to grant a leave, etc.
Discrimination - matters in which we represent the employees
For many years, we have represented discriminated employees primarily on two grounds:
- gender (discrimination against pregnant women)
- disability
Below there is a list of examples of cases, including those of discrimination, in which we have represented our clients.
Claiming your rights
Employees have the right to submit a complaint under a number of employment acts regarding contracts of employment, remuneration, breaches of working time regulations, etc. The basic time limit for submitting a complaint to the WRC - Workplace Relations Commission is 6 months. It is not true that claims can wait until the end of employment contract (in such a case the complaint can cover the last 6 months of the employment). It is possible to extend the time limit for a complaint to 12 months - but certain conditions must be complied with. Ignorance of the law or the language barrier are not considered to be grounds for applying for an extension of the complaint time limit.
In cases of discrimination, the time limit of 6 months for submitting a complaint will be counted from the last act of discrimination if it can be proved that the discrimination was continuous. The WRC (Adjudicator) has the right to grant compensation of up to the amount of the employee's two-year salary. In addition, it is possible to grant a separate compensation for the discrimination itself and a separate compensation for punishing an employee who has opposed the discrimination, e.g. by making an internal complaint.
List of sample cases, where Krystian Boino represented our office clients before labour courts:
Redundancy
Shop Assistant-v- Shop decision nr ADJ-00014634
Agency employee redundancy
An Agency Worker An Agency Worker provider, WRC decision nr ADJ-00015084
Redundancy after lay-off period
Crèche Assistant Manager v A Crèche, decision nr ADJ-00013421
Proper introduction of layoff, redundancy claim
G4S SECURE SOLUTIONS (IRELAND) LTD - AND - KRZYSZTOF STANEK; Labour Court case no.: RPD186
Working time complaint
Pracownik -v- G4S SECURE SOLUTIONS (IRE) LTD; Labour Court case nr: DWT1832
Industrial Relations Act complaint
Pracownik -v- Firma Ochroniarska; Labour Court case no.: LCR21859
Pregnancy discrimination
CLELANDS SUPERMARKETS LTD -v- Employee Labour Court decision no. EDA1735
Discriminatory dismissal during sick leave
Maciej Czajka -v- Musgrave Retail Partners Ireland Ltd; decision no. DEC-E2017-084
Discrimination- dismissal of pregnant employee
Employee- v- WRIGHTS OF HOWTH SEAFOOD BARS LIMITED; Labour Court decision no: EDA1728
Redundancy- alleged transfer of undertakings (one of 49 cases)
Employee -v- Nine One One Retail Limited (In Liquidation), Employment Appeals Tribunal decision no.: RP328/2014
Pregnancy discrimination- reduction of working hours
A Female Worker -V- A Retail Multiple Adjudicator/Equality Officer decision no. DEC-E2016-064
Hourly rate- agency workers
Employees-v- NOEL RECRUITMENT CITI NORTH LIMITED; Labour Court decision no.: AWD1517
Pregnant employee dismissal
Employee-v- ROTTAPHARM LTD; Labour Court decision no: EDA159
Discrimination- dismissal
Employee-v- Employer; Labour Court decyzja nr EDA1314