Each month the Equality Tribunal will publish the decisions of cases from the previous month and they are broken down into those claims that are upheld and those which are not upheld. The cases are always worth a look and the determinations are well detailed and reasoned.
What is striking about this months cases is how prevalent discriminatory treatment and harassment continue to be in some workplaces. Numerous high-profile cases have been discussed over the last number of years, some with very high compensatory awards to employee, but yet discrimination remains in workplaces.
This months cases alone saw over €100,000 in compensation handed to employees in seven claims that were upheld. In some of the cases the employees received €7,500 each for discriminatory treatment or for harassment, and in others larger awards (€30,000, €22,000 and €20,000) were handed out in compensation for discriminatory treatment.
Some cases would cause a reader to be sympathetic to the employer, such as where an employee was offered a fixed term contract upon reaching retirement age. Previously this was perfectly acceptable however recent European determinations and directives have seen employers require "objective justification" for any retirement to take place. This can leave an employer unsure of the most up to date legislation or best practice and render them liable to make a mistake.
However other cases would cause a reader to be less sympathetic such as where an employer (now in liquidation) clearly paid foreign workers less than their Irish comparators, or where an employee was subjected to discriminatory treatment upon returning from maternity leave.
Employers must take note that where an employee may claim that they have been unfairly treated on any of the nine discriminatory grounds there is a risk to the Company. For guidance on Employment Equality and some of the pitfalls for an employer please click here and look at some of our recent postings on the topic.
