Court archive

Equality and discrimination claims court reports

These reports discuss this legal issue. Inclusion is not a finding or conviction, or a statement about a person's identity or status. Read each report's procedural stage and outcome.

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2024-05-14 · Dublin

'Grave public importance': major coach operator accused of having 'defective and dangerous' vehicles

Setanta Landers of Setanta Solicitors appeared before the Workplace Relations Commission on behalf of applicant Nico Holloway, who has brought complaints against Citi Bus Ltd, trading as Dublin Coach, under the Protected Disclosures Act 2014, the Unfair Dismissals Act 1977, and the Employment Equality Act 1998. The applicant alleged that the respondent operated defective and dangerous public vehicles and that he was penalised for raising these concerns. Mr. Landers described the allegations as a matter of grave public importance, noting that the applicant had recovered photos and video footage from a broken mobile phone. The respondent's counsel, Ray Ryan BL, applied for an adjournment, arguing that the applicant had submitted a booklet of evidence, including defect notifications, on the afternoon prior to the hearing. Mr. Ryan stated that the respondent would be seriously prejudiced if the hearing proceeded without time to take instructions. Mr. Landers opposed the application, asserting that the documents were the respondent's own internal records and that no new allegations were being made. Adjudicator David James Murphy granted the adjournment, deeming it extraordinary to force the respondent to proceed given the late submission of documents. The matter was adjourned pending the fixing of a new date, with the applicant given one week to make further submissions and the respondent three weeks to reply.

2024-05-03 · Dublin

Unite General Secretary has taken 'extraordinary position' that she's not amenable to Irish law, Ogle's layers tell WRC

The Workplace Relations Commission adjourned a hearing concerning Brendan Ogle's complaint under the Employment Equality Act 1998 against trade union Unite. Ogle alleges he was sidelined in 2022 following his return from cancer treatment, claiming a directive from general secretary Sharon Graham excluded him from a new Ireland strategy. His legal team applied to compel Ms. Graham to attend for questioning, arguing her position that she is not amenable to Irish law is extraordinary given her role and the union's Irish operations. Unite's counsel countered that the tribunal lacks jurisdiction to compel her attendance and that her evidence is unnecessary, citing a previous decision by adjudicator Kevin Baneham which refused to summon witnesses not called by the respondent. Counsel also referenced a comparison involving Tim Cook to illustrate that senior executives need not attend for policy changes. Adjudicator Elizabeth Spelman stated she would issue her decision on the application in writing before the next scheduled date. The matter was adjourned until that decision is communicated, and no final determination was reached at this stage.

2024-05-02 · Ireland

'Get on if you're going': bus driver treated mother of disabled children unacceptably

In a complaint under the Equal Status Act 2000, a woman with two disabled children was denied boarding by a bus driver who shouted, "Get on if you're going," despite her presenting a travel card and explaining she was a carer. The incident occurred on 26 July 2023 in heavy rain, with the woman standing in the rain and allowing other passengers to board first. The driver's behaviour was described as treating the family "as if he was doing them a favour." The bus operator, which did not name itself, responded that the driver was identified and interviewed, but the driver had left the company during an internal disciplinary process. The Workplace Relations Commission found the woman discriminated against on disability grounds and ordered the company to pay €5,000 in compensation. The company apologized for a lack of communication and offered further assistance to the complainant.

2024-04-25 · Kerry

Worker's claim of racial discrimination over alleged 'Kung Fu' remark is rejected

In a decision by the Workplace Relations Commission, Dara Deasy's claim that a hotel general manager racially harassed him by asking if he "knew Kung Fu" after learning of his Chinese heritage was rejected. Deasy, who worked part‑time at the Brandon Hotel from 31 March to 5 August 2023, alleged that manager Stephen Quinn used a "racial slur" and mocked him after Deasy tasted spring rolls on 8 June 2023. Quinn testified that he had simply asked Deasy about his knowledge of the cuisine and denied any discriminatory intent, describing the remarks as a compliment. The adjudicating officer found no evidence that Deasy was met by a racial slur during his employment, citing Deasy's vague recollections and the manager's denial. The tribunal therefore dismissed the complaint under the Employment Equality Act 1998. The decision noted that Deasy had been dismissed for performance issues and had not appealed the dismissal. The case was closed with no further action.

2024-04-11 · Ireland

Nurse awarded €56k over maternity discrimination

Tina Mary Lukose, a nurse who had been pregnant since January 2022, claimed that Riada Care Ltd, trading as Glenashling Nursing Home, discriminated against her by refusing to offer a permanent contract after her fixed‑term contract ended in August 2022. She had requested annual leave for September and was told the firm would not provide a permanent contract. She was offered a new fixed‑term contract until October 2022, which she accepted because of her advanced pregnancy and difficulty finding alternative employment. The Workplace Relations Commission (WRC) held a hearing on 30 November 2023. The company's lawyer argued the complaint was invalid because the complaint form listed the firm's trading name rather than its legal entity, but the WRC judge, Breiffni O'Neill, proceeded with the hearing and found no evidence from the employer to rebut the claim of gender discrimination.

2024-04-09 · Dublin

Senior security manager denies making racist comments

A senior manager at One Complete Solutions Ltd, a security firm accused by Siptu of fostering a "culture of racism," denied a former colleague's claim that he told a subordinate, "Shut the fuck up you foreign c***." The allegation was part of an Employment Equality Act complaint by former contract manager Sayed Baqur‑Hussein, who said he and an Indian security guard were sanctioned after an incident involving a shoplifter, while a Polish colleague was not. The company argues Baqur‑Hussein failed to follow procedures and de‑escalate the situation, whereas the complainant insists he feared a "life threat" and acted in self‑defence. The tribunal heard evidence of racial abuse during the incident, the company's denial of such remarks, and the differing disciplinary outcomes for the three staff involved. The case is adjourned for further hearings.

2024-03-21 · Clare

Eir drops plans to appeal landmark order to reinstate worker (65) forced into retirement

Telecoms company Eir has abandoned its intention to appeal a landmark decision by the Workplace Relations Commission (WRC) that ordered the reinstatement of 65‑year‑old Thomas Doolin, who had been forced into retirement last year. The WRC's ruling was the first time the tribunal invoked its power to direct a company to reinstate a worker under the Employment Equality Act 1998. While no compensation was awarded, the order required Eir to pay Doolin his salary for the period he was out of work, from 1 July to 30 November 2023. Doolin, who represented himself, claimed the mandatory retirement was unfair, whereas Eir argued it was justified on health and safety grounds and for succession planning. The WRC adjudicator, Breiffni O'Neill, found those reasons did not apply to Doolin, who worked exclusively in‑office in a small, non‑strategic IT department.

2024-03-01 · Ireland

Shopify worker made redundant after misandry complaint wins €10k

Mark Wells, a former Shopify employee, was made redundant on 26 July 2023 after he raised a grievance alleging misandrist abuse from a customer and discrimination by female team leads. Wells had filed several statutory complaints against Shopify International Ltd, but only pursued a victimisation claim under the Employment Equality Act 1998 when his case was called in June 2024. The tribunal heard that a customer had used foul language, made wild accusations of domestic abuse, and sent racist, sexist and harassing emails to the firm. Wells' internal grievance, rejected in May 2021, was upheld on appeal later that summer. He claimed he was blamed for the abuse and treated differently because he was male. After a second grievance in June 2022, disciplinary proceedings were launched but stopped on 18 July 2023. Wells' second grievance was rejected on 25 July 2023, and he was notified of redundancy the following day.

2024-03-01 · Ireland

State potentially saves tens of millions as consultants lose ageism test case over austerity-era pay terms

In March 2024 the Workplace Relations Commission dismissed 61 test cases brought by 181 hospital consultants who alleged age‑based discrimination after austerity‑era contracts cut their pay by 30 % compared with senior colleagues. The Irish Hospital Consultants Association had lodged nearly a thousand statutory complaints under the Employment Equality Act 1998 in 2019, and the tribunal considered the cases in hearings from November 2022 to September 2023. The commission found that the pay differential was due to the date of appointment, not age, and that the 30 % cut applied only to new entrants after 1 October 2012. The decision, issued this morning, rejected all claims and left the doctors with the option to continue under the lower pay or accept a higher‑pay SláinteCare contract. The IHCA said it would not comment on the ruling and the claimants may appeal to the Labour Court before the end of the month.

2024-02-29 · Dublin

Brendan Ogle says colleague and friend's alleged actions were 'gravest disappointment'

Brendan Ogle, a Unite trade‑unionist, has lodged a complaint under the Employment Equality Act 1998 alleging that the union discriminated against him on disability grounds after his return to work in 2022 following a cancer diagnosis. He claims a colleague, Tom Fitzgerald, told him that Unite's general secretary Sharon Graham had directed that he be excluded from a new strategy for Ireland. Ogle says his line manager, Jackie Pollock, and HR manager Richard Griffiths were surprised by this claim, and that a meeting with Graham's deputy Gail Cartmail denied any such directive. The case was adjourned by the Workplace Relations Commission to April, with hearings held at Lansdowne House in Ballsbridge. The proceedings were attended by the public, and the adjudicator warned against recording the hearing. Ogle's evidence was presented by his counsel, Mark Harty SC, and the union's counsel, Mary‑Paula Guinness BL, engaged in heated exchanges during the hearing.

2024-02-27 · Dublin

Union 'decimated' Brendan Ogle's job on return from cancer, WRC hears

Trade unionist Brendan Ogle claims his role at Unite's Irish office was "decimated" after surviving cancer, alleging discrimination under the Employment Equality Act 1998. He says he was told by the union's general secretary that he would be written out of plans for Ireland, and that a directive was issued preventing him from being involved in his former duties. Ogle's lawyer, Mary‑Paula Guinness, argues that his responsibilities were drastically reduced and that the union failed to accommodate him. The Workplace Relations Commission is hearing Ogle's statutory complaint, which has been reduced to a single claim of discrimination after he withdrew three complaints of penalisation under the Protected Disclosures Act 2014. Unite's counsel, Mark Harty, maintains that Ogle has not established a comparator and that the union took all possible steps to accommodate him. The case will run for up to eight days, with a potential witness summons for the union's general secretary.

2024-02-20 · Galway

Cancer survivor wins €5k after HSE ordered her back to kitchen work during pandemic

Deirdre O'Grady, a cancer survivor with chemotherapy‑induced nerve damage, filed a complaint under the Employment Equality Act 1998 against the Health Service Executive (HSE). She had been promised a full‑time office role in Tuam after her treatment, but when the Covid‑19 pandemic began in 2020 she was redeployed to Ballinasloe and required to work full‑time in a kitchen, contrary to medical advice. The HSE argued it had adhered to medical recommendations and that occupational health reports deemed her fit for the duties. The tribunal found the HSE had made some efforts but failed to meet its legal obligations for reasonable accommodation. The adjudicating officer awarded O'Grady €5,000 for disability discrimination, while rejecting a claim for extra mileage compensation as an unreasonable burden on the employer.

2024-02-16 · Dublin

Second activist loses discrimination claim after being barred from Women's Council meeting

Sandra Adams, a member of the pressure group The Countess, claimed she was denied entry to a National Women's Council of Ireland (NWCI) meeting on 9 June 2022 because of her religious beliefs, alleging discrimination under the Equal Status Act 2000. The NWCI argued that a risk assessment had to be escalated after a press release by The Countess threatened a transgender board member, raising concerns about potential disruption and harm. Witnesses testified that Adams would have been admitted if not for the press release, and that the NWCI's decision was based on safety rather than religious discrimination. The tribunal found no evidence of discrimination, concluding that the refusal was on non‑discriminatory grounds. Adams' claim was dismissed, marking the second loss for a Countess activist in similar disputes.

2024-02-13 · Ireland

Father launches second religious discrimination claim despite school's offer to accommodate children

A father who had previously lost a discrimination case against his child's school has filed a second claim over the school's policy for opting out of religious education. He rejected the school's offer that two of his children could attend another class during religion lessons, arguing that this contradicted the school's earlier stance that allowing students to leave their base class would breach its fire‑safety policy. The father contends that the school's bespoke arrangements for non‑religious students violate the Education Act's requirement to publish standard opt‑out procedures in the admissions policy. He claims the school treats non‑religious parents less favourably than religious ones. The school's barrister says the father is attempting to re‑litigate a previous refusal and that the school has complied with the law. The Workplace Relations Commission will issue a decision in writing.

2024-02-08 · Laois

Claims of ageist pay discrimination at top levels of Prison Service dismissed

Three senior officials in the Irish Prison Service have failed in equality claims at the Workplace Relations Commission, alleging they faced age discrimination through unequal pay. The claimants—operations director Don Culliton, ICT and governance director Donna Creaven, and former acting director of HR Trevor Jordan—each sought salary increases of between €32,000 and €36,000 to match the €142,892 pay of former director of care and rehabilitation Fergal Black. Ms Creaven also claimed gender discrimination. The Prison Service maintained that Mr Black's higher salary reflected "red-circling"—retention of original contractual terms—dating from his 1993 appointment and preserved during the agency's 2007 decentralisation to Longford, when medical qualifications ceased to be mandatory. Adjudicator Breiffni O'Neill accepted the respondent's historical account and found the pay disparity objectively justified, rejecting all three complaints.

2024-01-24 · Ireland

St John Ambulance volunteer forced to retire fails in equality challenge

John McGrath, a volunteer in his seventies, challenged St John Ambulance's decision to force him to retire because he was over 70, claiming ageist discrimination under the Equal Status Act 2000. He argued the retirement policy was arbitrary and ignored his proven ability to perform the role, citing that he met all certification requirements and had received training. McGrath's letter to the charity in June 2022 stated he would not resign, and he alleged no consultation with the charity's executive, where he sat. The charity defended its policy by citing a 2018 review of its governance structure, noting the executive's average age was 75 and raising health and safety concerns about the physical demands of volunteer work. The Workplace Relations Commission adjudicator, Breiffni O'Neill, found no breach of the Act, concluding that the charity's decision was outside the scope of the Equal Status Act and dismissed the discrimination complaint.

2024-01-23 · Dublin

Paralympian claims Dublin bistro refused him and guide-dog table inside

Martin Gordon, a Paralympic cyclist and barrister, has filed a claim under the Equal Status Act 2000 against Semogo Ltd, the operator of La Maison restaurant in Dublin. He alleges that the bistro discriminated against him and his guide dog by refusing them entry on 14 January 2023 due to a "no dogs inside" policy. The restaurant contends that all indoor tables were booked and only offered outdoor seating. It has provided booking system data to the Workplace Relations Commission but claims that CCTV footage from the day is largely missing, except for brief clips of Gordon's arrival and departure. The hearing began with a dispute over the disclosure of documents and a request for the adjudicator to recuse himself due to a potential bias. The case will be scheduled for a full day of hearings at a later date by the WRC.

2024-01-16 · Ireland

Biotech CEO denies manager had 'target on her back' after gender pay complaint

On the last day of her Employment Equality Act complaint before the Workplace Relations Commission, Tracey McGann's solicitor said the complaint was the "genesis point" for events that led to her constructive dismissal in January 2023. McGann alleged she received only a 5.6% pay rise, compared with a 12.8% rise for the lowest‑paid male colleague, and that she was treated "like a waitress" when CEO Eric Rhodes asked her to get wine for a company dinner in October 2022. She also claimed the company sought to replace her after she requested part‑time hours in May 2022. Rhodes denied the allegations, stating he was "the voice‑piece for the board" and that the decision to hire a vice‑president was a business choice. The company denies all statutory complaints and says McGann resigned for a better job. The adjudicator is reviewing the case.

2023-12-21 · Dublin

Discrimination claim against landlord who asked tenant to move over safety concerns is rejected

In a 2023 Workplace Relations Commission hearing, landlord Brendan O'Brien successfully defended a discrimination claim brought by pregnant tenant Megan Kenna under the Equal Status Act 2000. Kenna alleged that her tenancy at an apartment in Howth, Co Dublin, was terminated because of her gender and family status, and that she and her husband were bullied and threatened. O'Brien argued that his request for Kenna to move to a different apartment was based on genuine health and safety concerns about a spiral staircase that could not safely accommodate a baby or a buggy. He offered alternative accommodation, which Kenna deemed unsuitable. The WRC disregarded secret recordings of meetings with O'Brien, noting that the recordings were made covertly and that the landlord's statements were not evidence of discrimination. The tribunal concluded that the landlord's actions were not discriminatory and rejected Kenna's statutory complaint.

2023-12-15 · Ireland

'Genuine' landlord liable for 'minor' HAP discrimination

In a case heard by the Workplace Relations Commission, a landlord, Dr Rashid Karshan, was found liable for minor discrimination under the Equal Status Act 2000 after his maintenance man, referred to only as Mr G, told tenant Rachel Few that the landlord did not "do HAP" and behaved intimidatingly. Ms Few had requested that Mr G fill out HAP forms on 25 January 2023, but he was unenthusiastic and later claimed the landlord would accept HAP if a new letting agreement was signed. The tribunal noted that delays caused by Mr G and bureaucratic hurdles left Ms Few without HAP for February and March, costing an estimated €874. Dr Karshan denied any issue with HAP, stating he was willing to accept it but faced excessive queries from authorities. The adjudicator, Michael McEntee, upheld the complaint in part, describing Mr G's conduct as "minor discrimination" and holding Dr Karshan vicariously liable.

2023-12-14 · Clare

Legal first as Eir ordered to reinstate worker (65) over age discrimination

Eir has been ordered by the Workplace Relations Commission to reinstate 65‑year‑old Thomas Doolin to his former role as a desktop support agent and to pay him for the period he was out of work from 1 July to 30 November. Doolin, who represented himself, claimed he was forced into retirement when he reached the company's mandatory retirement age of 65, a policy the company said was implemented in April 2020 to maintain an age balance and manage succession planning. The adjudicator, Breiffni O'Neill, found that Doolin's job was office‑based, that he had a strong relationship with the company, and that the retirement order was unfair. No compensation was awarded, but the reinstatement order entitles Doolin to his salary for the period he was unemployed. Eir has appealed the ruling to the Labour Court.

2023-12-12 · Dublin

'Culture of racism' at major security firm, WRC told

A Workplace Relations Commission hearing heard a complaint under the Employment Equality Act by Sayed Baqur-Hussain against One Complete Solutions Ltd. The applicant, a former account manager, alleges a "culture of racism" contributed to his demotion and final written warning following an incident on August 30, 2022. Mr. Baqur-Hussain admits punching an alleged shoplifter, referred to as Mr. X, but claims self-defence after the man used racist language, made a death threat, and struck a security officer. The company accused him of acting in revenge and failing to de-escalate, resulting in his demotion to security guard. The applicant contends that a non-Indian manager involved in the same incident faced no sanction, citing racial discrimination. Witness Przemyslaw Pindel, a former rostering administrator, testified to a toxic workplace environment, including racist remarks by an account manager and discriminatory overtime policies favouring Irish managers. The company's representative argued the sanctions were based on investigation findings of gross misconduct. The matter is at the charge or pre-trial stage, with the hearing adjourned to resume in the new year. Two further witnesses for the applicant and five to six for the respondent are expected to testify. No final determination has been made.

2023-12-05 · Tipperary

Malawian woman refused housing assistance loses discrimination claim

In a complaint under the Equal Status Act 2000, 64‑year‑old Elube Kapengule alleged that Tipperary County Council staff refused her emergency accommodation because of her race. She said she was laughed at, ridiculed and told to "go back to Malawi" when she sought housing on 9 December 2022. The council denied any racial discrimination, claiming she was ineligible for social housing due to less than five years of reckonable residency and that no staff laughed at her. Kapengule was directed to short‑term emergency accommodation under the Cold Weather Initiative and later to a Garda station where her immigration status was checked. She eventually left the council's office, slept outside, and sought help from the charity Doras Luimní. The Workplace Relations Commission found no evidence that her race was a factor and rejected her complaint.

2023-12-01 · Ireland

Detective banned from motorbikes over ear condition but allowed to shoot guns loses discrimination claim

A Garda detective with a long‑standing ear condition, who had undergone multiple surgeries and was found to have moderately severe conductive hearing loss, brought an equality claim under the Employment Equality Act 1998. He argued that the force had discriminated against him by forbidding him from riding motorbikes, which he had previously used for training, while still allowing him to perform firearms duties. The detective's representative, James McEvoy, claimed the denial of motorbike access denied the detective opportunities to develop skills and was a discriminatory decision. The tribunal heard that the detective had repeatedly passed fitness tests for firearms duties, and that an assistant chief medical officer had assessed the risk of motorbike noise as not significant for the left ear but potentially serious for the right ear. The adjudicator, Michael MacNamee, concluded that the force had not discriminated against the detective and dismissed the complaint. The decision also rejected a related penalisation claim.

2023-11-30 · Ireland

Traveller workers who blew whistle on 'deeply dysfunctional' community organisation win 2.5 years pay

Two low‑paid Traveller workers, each earning €84 a week as part‑time community welfare officers, were awarded nearly €11,000 each by the Workplace Relations Commission for whistleblower penalisation and discrimination. The Commission upheld complaints under the Protected Disclosures Act 2014 and the Employment Equality Act 1998 after the workers had written letters about the organisation's management, safety protocols during Covid‑19, and lack of phone and broadband allowances. They claimed they were removed from a conference call on 28 September 2021 and denied access to later meetings, while non‑Traveller staff were not removed. In January 2022 they received notices of alleged misconduct, which they denied. An external investigation in April 2022 confirmed many of their concerns, describing the organisation as deeply dysfunctional. The adjudicator awarded each woman €6,552 for whistleblower penalisation and €4,368 for discrimination, totaling €10,920.".

2023-11-24 · Kerry

Bus Eireann ordered to pay Traveller women discriminated against on local trip

The Workplace Relations Commission ordered Bus Éireann to pay €1,250 in compensation to Elizabeth Burke and Annie Burke for discrimination. The adjudicating officer upheld Equal Status Act complaints alleging the women, members of the Traveller community, were subjected to aggressive behaviour by driver Richard Robinson after a bus pass incident in Killarney. Ms. Burke claimed she accidentally used her husband's pass, while Ms. Burke stated the driver threatened to call Gardaí. Mr. Robinson denied discrimination, claiming he was respectful and would not know if a passenger was Traveller. Adjudicator David James Murphy found this statement damaged the driver's credibility, noting that distinct accents are common in the Traveller community and that a frontline worker in the south-west would likely be aware of this. The officer accepted the complainants' accounts over the driver's. Elizabeth Burke was awarded €500, and Annie Burke was awarded €750, with the latter sum reflecting that she was the party shouted at. Karen Tess of Mannix & Co LLP represented the applicants, while Hugh Hannon appeared for Bus Éireann. The matter was concluded with this final decision and compensation order.

2023-11-21 · Dublin

Religious discrimination claim over Facebook ban by man 'addicted to litigation' thrown out

The Workplace Relations Commission dismissed a claim by Mark J Savage, who alleged that Facebook's ban of his account on 21 October 2021 was religious discrimination. Savage, an evangelical Christian, had used his Facebook page to accuse employees of a north Dublin retailer of child sexual offences and to claim that a politician was a sexual offender. He argued that the ban was a violation of the Equal Status Act and that Meta had treated a hypothetical gay comparator differently. The WRC found Savage's complaints frivolous and vexatious, noting that he had previously made 42 discrimination complaints and had admitted to being "addicted to litigation." The adjudicator ruled the claim was misconceived and dismissed it without a hearing. The decision was made by Roger McGrath.

2023-11-20 · Dublin

Chef fails in racial discrimination claim against top Dublin restaurateur

Kingsley Auguste, former head chef at Dillingers in Ranelagh, lost his equality claim against restaurateur John Farrell at the Workplace Relations Commission. Auguste alleged that Farrell's management treated non‑Irish staff unfavourably and that he was denied a greeting and a premium rate for Sunday work. The tribunal found most of Auguste's statutory pay and working‑time complaints lacking evidence or too late, but ordered the restaurant to pay him €895 for a breach of the Organisation of Working Time Act 2004. Auguste also claimed a Christmas‑Eve incident in 2021 led to his resignation in February 2022, but the adjudicating officer noted that any unfavourable treatment was not linked to his Mauritian background. The decision did not find evidence of discrimination under the Employment Equality Act. The case remains at the WRC stage.

2023-11-15 · Laois

Ex-Midlands Prison governor too late to take sexist discrimination claim over alleged demotion

The former acting campus governor of the Midlands Prison complex, Ethel Gavin, has failed in a sexist discrimination complaint after claiming she was demoted at the behest of male prison officers under her command. The Workplace Relations Commission found that her claim was out of time, as she lodged proceedings under the Employment Equality Act 1998 too late. Ms Gavin alleged that she was removed from her acting-up position following a walkout by 14 male officers in May 2018, which she claimed led to her being placed in a less prestigious role. She argued that the male officers involved were not reprimanded and that she faced a continuum of discrimination. However, the tribunal rejected her claims, stating there were no acts of discrimination within the six months prior to her complaint. The adjudicator noted that the bullying complaint against Ms Gavin was not substantiated, and the Prison Service denied any misleading press statements regarding her retirement party.

2023-11-10 · Ireland

Waiter who was told 'go back to Brazil' awarded €5k

A Workplace Relations Commission adjudicator ordered a hotel to pay €5,000 compensation to a Brazilian waiter for racial harassment under the Employment Equality Act 1998. The waiter alleged that after reporting a supervisor's positive Covid-19 test in November 2021, the hotel's chef verbally attacked him, followed him through the premises, and told him to "go back to Brazil." The adjudicator, Orla Jones, found that CCTV footage supported the waiter's account, noting that a colleague attempted to hold back the chef. She rejected the hotel's claim that the video did not support the complainant's version, stating the waiter appeared genuine and consistent, while the chef did not attend and his absence was unexplained. The adjudicator concluded the waiter was subjected to harassment connected to his race. She also found significant deficiencies in the hotel's investigation, including the failure to examine all relevant CCTV and the lack of a proper procedure for workplace equality complaints. Consequently, the employer could not prove it took reasonably practicable steps to prevent the harassment. The €5,000 award was deemed just and equitable. Identities were redacted due to overlap with a separate Industrial Relations Act 1967 complaint requiring private hearings.

2023-11-02 · Cork

Garda must pay €65k to highly experienced sergeant left to 'sit and rot' by new superior

The Workplace Relations Commission ordered An Garda Siochána to pay €65,000 to Sergeant David Haughney, who claimed disability discrimination after a new superintendent, Adrian Gamble, confined him to station duties and barred him from driving, wearing a uniform, and training. Haughney, who had lost 70% of sight in his left eye in 2015, had been a roads policing sergeant, public order trainer and tactical advisor under three superintendents until 2019. After medical leave for a detached retina, Gamble blocked his return to training and driving, citing a medical report. Haughney was transferred to a traffic office where he was denied training and advisory work, leading him to describe the situation as "sit and rot." The tribunal upheld his claim, noting that Gamble had withdrawn reasonable accommodations previously granted, and awarded the compensation. The tribunal found no well‑founded harassment claim from the 2020 meeting.

2023-10-24 · Cork

No relief for trucker sacked over relieving bowels in warehouse loading bay

In October 2023 the Workplace Relations Commission dismissed a disability discrimination claim brought by truck driver Edward Riordan against All‑Star Logistics Ltd. Riordan alleged that he was sacked after relieving his bowels in a warehouse loading bay due to an urgent diarrhoea episode linked to a peptic ulcer. The tribunal found insufficient evidence that the cramping and diarrhoea were caused by a peptic ulcer and that the stool discovered by a colleague was consistent with diarrhoea. Riordan admitted responsibility on CCTV and was dismissed for gross misconduct. The company also rejected an age discrimination claim, noting that any reduction in his hours had been agreed upon and that the final decision to assign him no shifts was related to the incident. The adjudicator concluded that the evidence did not establish a disability at the time of the loading‑bay event.

2023-10-24 · Longford

Enterprise Ireland told start-up they 'didn't have enough diversity', founders allege

Three founders of a Longford-based start-up have brought discrimination complaints against Enterprise Ireland at the Workplace Relations Commission, alleging they were told by a funding panel representative that their venture "didn't have enough diversity" when seeking backing under the Competitive Start Fund. Mark Keenan, Michael O'Reilly and Robert Yorke, owners of sharing economy platform LendRB Ltd, are pursuing claims under the Employment Equality Act 1998 and the Equal Status Act 2000. At a preliminary hearing, Enterprise Ireland contested jurisdiction, arguing the matter had been previously ruled upon and that no employment relationship existed between the parties. The company also contended that only one founder's name appeared on the funding application form. The complainants maintained they experienced discrimination as individuals and that their relationship with Enterprise Ireland extended beyond a simple funding application. The case has a history before the tribunal, with an earlier complaint concerning the rejection of the funding application in May 2022.

2023-10-17 · Ireland

Former finance chief claims she had to tell biotech CEO she was 'not a waitress'

In October 2022, Tracey McGann, former finance chief at ERS Genomics Ltd, told the company's CEO, Eric Rhodes, that she was "not a waitress" after he remarked that a dinner group had no red wine. McGann claims the incident was part of a broader pattern of discrimination, victimisation and constructive dismissal under the Employment Equality Act 1998. She alleges that she was given a smaller pay rise in 2020 than male colleagues, that the company tried to demote her when she sought part‑time work in 2022, and that a proposed salary cut to €80,000 was halted when Rhodes sanctioned a contractor instead. In November 2022, Rhodes suggested a new VP of finance role would replace her, telling her to "start looking for a new job." McGann resigned in January 2023 after sending a legal letter with grievances, to which she received no response. ERS Genomics disputes the claims, arguing the constructive dismissal test could not be met.

2023-10-05 · Ireland

RTE cleared of liability over €300k sex harassment case

In a case brought under the Employment Equality Act 1998, multimedia journalist Kasia Czernik claimed that RTÉ discriminated against her after she was sexually harassed by veteran night‑shift anchor Noel Fogarty. The harassment, consisting of texts, emails and attempted phone calls from 18 May to 21 June 2021, led to Fogarty's dismissal in September 2021. Czernik alleged that RTÉ failed to assure her that the harassment would not continue and that it breached the Act by not disclosing the disciplinary sanction imposed on Fogarty. She sought €300,000 in compensation, half for the mental, emotional and physical impact of the harassment and half for five years' worth of her salary. The Workplace Relations Commission rejected her complaint, finding that while she was sexually harassed, RTÉ had not discriminated against her. The tribunal concluded that RTÉ had acted appropriately by investigating the complaint and taking reasonable steps to prevent further harassment. The case was decided by WRC adjudicator Maria Kelly.

2023-10-03 · Dublin

Leading Dublin restaurateur denies racial discrimination and workplace rights breaches

The Workplace Relations Commission heard statutory complaints brought by Kinsley Auguste against Dillingers Restaurant Ltd, with John Farrell appearing as respondent-in-person. Mr Auguste alleged racial discrimination, excessive working hours, failure to provide shift breaks, and lack of premium pay for Sunday work under various employment acts. Mr Farrell denied all allegations, asserting that Mr Auguste's aggressive behaviour on Christmas Eve 2021, which nearly prompted a call to gardaí, led to his suspension. The adjudicating officer noted the relationship had effectively ended. Regarding pay, Mr Auguste claimed he worked 55 to 60 hours weekly without additional compensation, while Mr Farrell stated the roster was managed by the chef and premiums were included in the weekly wage. The hearing concluded with the adjudicating officer ending the session on the statutory complaints to consider a further Industrial Relations Act complaint behind closed doors. A decision on the statutory complaints is expected in due course.

2023-07-24 · Ireland

Labour Court official has 'judicial immunity' from lawyer's discrimination complaint

In a July 2023 decision, the Workplace Relations Commission (WRC) ruled that a Labour Court deputy chairman is entitled to judicial immunity, dismissing a disability discrimination complaint lodged by a lawyer with Parkinson's disease. The lawyer alleged that the deputy chairman repeatedly berated her, refused to allow breaks for medication or bathroom use, and made remarks implying her disability hindered her professional conduct. She claimed the deputy chairman's conduct impeded her ability to represent her client and that she was forced to request breaks publicly. The WRC found the complaint misconceived, noting the Labour Court's role as an administration of justice and that the case was not within the 2000 Act's scope. Consequently, the complaint was struck out, with the WRC affirming the deputy chairman's judicial immunity and the registrar's assertion that the hearing was conducted fairly.

2023-07-19 · Galway

Bus Éireann directed to carry out urgent review after support dog discrimination

In a tribunal decision dated 19 July 2023, the Workplace Relations Commission found that Bus Éireann's refusal to allow Galway man Robert Cantwell to travel with his support dog, Osho, was discriminatory under the Equal Status Act 2000. Cantwell, who suffers partial paralysis from a childhood brain injury and relies on the dog for mental health support, had repeatedly sought permission from a local manager, Peter Melia, who cited the company's policy that only fully trained guide or assistance dogs may travel free of charge. Cantwell's attempts to comply, including offering to train the dog or purchase a certified service dog, were rejected. The adjudicator, Louise Boyle, ruled that the company's failure to provide reasonable accommodation constituted a prohibited act, awarding Cantwell €1,500 in compensation and ordering Bus Éireann to urgently review its disability access policies. The decision emphasised that the policy's restrictions on dogs, cats, or other animals were not justified by the circumstances presented.

2023-07-14 · Ireland

College ordered to pay deaf student over sign language discrimination

In a decision by the Workplace Relations Commission, Griffith College was found to have contravened the Equal Status Act 2000 by refusing to provide sign‑language interpretation for a deaf law student, Sofiya Kalinova, and by requiring her to pay for it herself. The tribunal noted that the college's policy assumed Kalinova needed Irish Sign Language interpretation and a note‑taker for the entire course, including weeks already completed, without a proper assessment of her individual needs. The college's head of faculty, Karen Sutton, had estimated the cost of interpretation at €9,000 but had not shared this with Kalinova. The adjudicator, Kevin Baneham, ordered the college to pay Kalinova €3,000 in compensation and to revise its disability policy to comply with the Act. The case highlights the requirement for institutions to evaluate each learner's needs rather than rely on blanket assumptions.

2023-07-11 · Ireland

Charity supported woman's 'outlandish claims' while shelving male colleague's complaints, WRC told

The Workplace Relations Commission heard that Sankalpa CLG settled a dismissal claim with an unnamed male employee, who withdrew statutory complaints under the Unfair Dismissals Act 1977 and Employment Equality Act 1998 pending implementation of agreed terms. The settlement followed evidence that the charity supported the "outlandish claims" of a female colleague, identified as Ms A, while shelving the male worker's complaints of a "campaign of lies and false accusations." A witness described Ms A as a "Walter Mitty" who allegedly targeted the complainant with harassment since May 2020, including unfounded allegations of serious sexual misconduct. Although the charity's solicitor requested time to review a 42-minute recording of a board meeting, the matter was resolved on the day. The complainant signed papers instructing the WRC to close his case within weeks, contingent on payment and implementation of the settlement. This follows a separate earlier decision where adjudicating officer Kevin Baneham found that former director Edel Ambrose was subjected to whistleblower retaliation, resulting in an €83,000 award. The charity is currently appealing that award to the Circuit Court. The WRC granted anonymity to the charity's directors and staff in these proceedings.

2023-07-07 · Carlow

Disabled worker awarded €35k for discrimination over office move

An education support worker with Addison's disease, a rare hormonal disorder that can cause life‑threatening attacks, was awarded €33,500 after the Workplace Relations Commission found her employer discriminated against her under the Employment Equality Act 1998. The worker had learned in spring 2020 that her office in Blessington, Co. Wicklow would close and was offered relocation to Carlow, Naas, Kildare or Tallaght. She rejected Carlow because it lacked a hospital and requested the option to hot‑desk from Naas, but no accommodation was offered. She resigned and entered early retirement. The employer's counsel denied discrimination, claiming reasonable steps were taken, but the tribunal noted the employer knew of her serious medical conditions and failed to assess a suitable workplace. The compensation equated to six months' salary for the worker.

2023-07-06 · Ireland

Solicitor who danced at wedding after writing of 'heightened anxiety' in workplace wins claim over pregnancy dismissal

Orla Howe, a solicitor, claimed she was dismissed after notifying her employer of her pregnancy and heightened anxiety about working in the office during the COVID‑19 pandemic. The Workplace Relations Commission found that the dismissal was discriminatory under the Employment Equality Act 1998. The tribunal noted that the firm, HCA Law, had not reduced its headcount when Ms Howe was terminated and had instead recruited new staff, indicating the dismissal was not a genuine redundancy. The commission also rejected the claim that the firm breached the European Pregnant Workers' Directive, as Ms Howe had not been compelled to work in the office and could work from home. Ms Howe was awarded €30,000 in compensation for the discriminatory dismissal. The decision was made by adjudicating officer Marie Flynn.

2023-07-04 · Dublin

Tenant claims stress of dealing with landlord led to caesarean

Megan Kenna, a pregnant tenant in Howth, claims her landlord Brendan O'Brien terminated her lease because she was pregnant, alleging discrimination under the Equal Status Act 2000. Kenna says the landlord's stress over her pregnancy forced her to have a caesarean section, citing a consultant obstetrician's statement. O'Brien accepted the medical opinion but disputes that his actions caused the stress. Kenna's case was heard by the Workplace Relations Commission, where recordings of a meeting on 9 April 2022 were played. In the meeting, O'Brien told Kenna he could not allow a child in the apartment, citing a supposedly unsafe spiral staircase, and offered alternative accommodation that Kenna deemed unsuitable. Kenna and her husband left the property after receiving notice of termination. The adjudicator will decide in months.

2023-06-28 · Ireland

Mortgage provider must pay over €8k for refusing over 70's application

The Workplace Relations Commission upheld a complaint of ageist discrimination under the Equal Status Act 2000 against Avantcard DAC, trading as Avant Money, in a decision published this morning. Adjudicating officer Úna Glazier-Farmer ruled that Michael Lane was treated less favourably on the grounds of his age when the lender refused to allow him to apply for a mortgage switching service because he was over 70. The tribunal rejected Avant Money's motion for an anonymous decision and its argument that the complainant failed to use the official ES1 form, noting that an ordinary letter suffices. The adjudicator found that Lane was denied the opportunity to prove his repayment capacity, which the lender's policy allowed as an exception. Consequently, Avant Money was ordered to pay €8,420 in compensation, representing half the interest Lane would have saved. Additionally, the firm was directed to carry out equality training in its complaints department within six months and to write to its brokers to clarify its age policy. David Caslin, the firm's interim head of compliance, testified that the company did not comply with the complaint process as the official form was not used, though the adjudicator rejected this defence. The hearing concluded with these final orders and findings.

2023-06-14 · Ireland

Joke about Gilbert O'Sullivan song being worker's 'vintage' was ageist harassment, WRC rules

A Workplace Relations Commission adjudicating officer has ruled that a part-time postal clerk was subjected to ageist harassment under the Employment Equality Act 1998. The complainant alleged that her supervisor made a discriminatory remark in 2020, stating that a Gilbert O'Sullivan song playing on the radio was "more [name of complainant]'s vintage." The supervisor admitted making the comment but described it as a light-hearted joke, expressing regret that the worker was offended. Adjudicating officer Davnet O'Driscoll found that the remark constituted harassment on age grounds, noting the complainant was close to retirement, and awarded her €1,000 in compensation. The WRC rejected the worker's other complaints, including claims of victimisation, disability discrimination regarding reasonable accommodation, and penalisation for reducing sick pay. The adjudicator determined there was no evidence of victimisation and that the pay reduction was consistent with the employer's attendance management policy. Additionally, the tribunal dismissed complaints under the Payment of Wages Act and the Terms of Employment (Information) Act. The decision upholds the single discrimination complaint while rejecting the broader series of employment rights grievances brought by the applicant against the government agency.

2023-06-09 · Dublin

Landlord who used 'delay tactics' to avoid completing HAP form must pay tenant €12.5k

In a 2023 decision by the Workplace Relations Commission, Dorinda Walsh, a single mother who had lived in a Dublin City apartment for just over two years, accused her landlord Martin Murray of discrimination under the Equal Status Act 2000. Walsh had been told in August 2022 that she was no longer eligible for a rent supplement and would need to claim Housing Assistance Payment (HAP). She sent the HAP application to Murray, who replied that he was willing to honour the contract but did not complete the form. After no response, Walsh filed a complaint. Murray then served her with an eviction notice in October 2022, and later presented a new tenancy agreement with a rent increase that Walsh deemed invalid. The tribunal found that Murray had used "delay and diversionary tactics" to avoid completing the HAP form, and ordered him to pay Walsh €12,500, equivalent to ten months' rent, for discrimination.

2023-05-10 · Dublin

Senior Management team accuse Prison Service of ageist discrimination

The Workplace Relations Commission adjourned a preliminary hearing in a case where three senior directors of the Irish Prison Service accuse the agency of ageist discrimination. Operations director Don Culliton, corporate services head Donna Creaven, and acting HR director Trevor Jordon have lodged complaints under the Employment Equality Act 1998, alleging they are paid less than a fourth director, Fergal Black. The Prison Service and the Chief State Solicitor's Office, acting as applicants, sought an adjournment to prepare for Mr Jordon's testimony and to argue for a joint hearing of all three cases. Adjudicating officer Breiffni O'Neill granted the adjournment, rejecting the complainants' objection that the State had delayed its response. The matter was not concluded; instead, the three cases are expected to be heard in person on a single day later this year at Lansdowne House in Dublin 4. The hearing was closed after the adjournment was granted, with no findings or sentences issued at this pretrial stage.

2023-05-09 · Meath

Emerald Park ordered to pay disabled mum over ride queue discrimination

In a 2023 equality hearing, the Workplace Relations Commission upheld a claim by Alison Walsh, a disabled mother of two, that Emerald Park discriminated against her under the Equal Status Act. Walsh, who suffers from spina bifida and neurosarcoidosis, was denied a queue‑skip pass for rides because the park required a doctor's letter proving an "inability to queue." She presented her disabled driver's badge, adapted car licence and Public Services Card but could not provide medical correspondence. The park's barrister argued that documentation was needed to prevent abuse of the system, while the managing director cited a 15‑20 minute queue for assistance passes and a policy allowing managers discretion after reopening. The WRC found the park's approach unreasonable and ordered Emerald Park to pay Walsh €3,000 in compensation. No appeal mechanism existed for those lacking the requested documentation. The decision highlighted the park's failure to accommodate a disabled visitor in line with the Act.

2023-05-04 · Galway

Solicitor in maternity discrimination claim quizzed on dancing at wedding

In a claim under the Employment Equality Act 1998, solicitor Orla Howe alleges that her former firm, Healy Crowley Ahern, terminated her employment in a sham redundancy after she disclosed her pregnancy. Howe says the firm's principal solicitor, Colm Kelly, stopped assigning her new files and excluded her from meetings before giving her redundancy notice, and that the firm's financial difficulties were overstated. She testified that she had not been compelled to work from the office during her pregnancy and that she had concerns about pandemic safety. During cross‑examination, Howe admitted attending a 50‑person wedding in Galway on 20 August 2021, where she danced, but she said the venue observed Covid guidelines and she was not mingling. The firm maintains the redundancy was genuine, citing a drop in conveyancing work and profits. The adjudicating officer is considering a decision, which will be issued in writing before being made public.

2023-04-19 · Ireland

'Aggressive' landlord said to have threatened pregnant tenant with eviction after she applied for HAP

In a complaint of discrimination under the Equal Status Act 2000, the Workplace Relations Commission ruled that landlord John Corley had acted aggressively and threatened eviction of tenant Laura Keane, who was pregnant, after she requested he sign off on a Housing Assistance Payment (HAP) application. Keane, a five‑year tenant, said Corley's behaviour on 26 February 2022 was "extremely aggressive" and that the eviction notice was a direct consequence of her HAP request. The tribunal found Corley had repeatedly refused to complete the HAP form and to accept HAP payments, thereby disadvantaging Keane financially and emotionally. The adjudicator ordered Corley to complete the HAP application, accept payments, and pay Keane €13,000 in compensation for the discrimination and its effects. The decision was made without Corley's attendance at the hearing.