Employment

Overview of Age Discrimination Age discrimination is that based on age. The principles that apply to the various non-gender grounds of discrimination apply to discrimination based on age. It is generally prohibited. Age-related discrimination requires that the complainant and the comparator be of a different age.… Read the rest

Racial Discrimination

Convention on Elimination of Racial Discrimination Ireland is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination. This covers distinction, exclusion or restriction, on the basis of race, colour, descent, national or ethnic origin, which has the purpose or effect of nullifying or impairing recognition or enjoyment on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural and other public fields.… Read the rest

Disability Discrimination

Disability Grounds of Discrimination The disability ground of discrimination relates to any of the following the absence of bodily or mental function; the presence of disease illness; a malfunction malformation of disfigurement of the body; a condition or malfunction resulting in learning differently from a person without that condition; a condition, illness or disease which affects a person’s thought process, perception of reality, emotion or judgment which results in the disturbed behaviour, including the past or future dispositions imputed to a person.… Read the rest

Religious Discrimination

Equality Law and Religious Discrimination The Employment Equality Directive requires EU states to protect citizens against discrimination on the grounds of religion and belief in employment, occupation and vocational training. The inclusion of religion and belief as grounds which are protected, reflects principles of EU law which derive from the European Convention on Human Rights and the Universal Declaration of Human Rights which protects freedom of religion and belief.… Read the rest

Harassment

Overview of Harassment Earlier versions of the equality legislation categorised some types of harassment, as a form of direct discrimination. Complainants were required to show that they had been treated less favourably than the relevant comparator.… Read the rest

Enforcement

Overview The Director of the Equality Tribunal and Equality officers formerly dealt with claims of unlawful discrimination. A claim could be made directly to the Labour Court on the basis of general gender discrimination as an alternative.… Read the rest

Enforcement Issues

Powers of WRC Officer A Workplace Relations Commission designated officer may do any one or more of the following: at all reasonable times, peaceably enter premises; require any person to produce to the designated officer any records, books, documents or other things which are in that person’s power or control and which the designated officer has reasonable grounds for believing to contain material information and to give the designated officer such information and access as may reasonably be required in relation to the contents of any such records, books, documents or other things; inspect and copy or take extracts from any such records, books, documents or other things; inspect any work in progress at any premises.… Read the rest

The IHREC

Human Rights Commission The Irish Human Rights and Equality Commission Act 2014 provided for dissolution of the Human Rights Commission and the Equality Authority and the transfer of their functions to the Irish Human Rights and Equality Commission.… Read the rest

Statutory Rights

Data Access Rights The Data Protection Act gives significant rights to individuals in relation to data held by third parties about them. These rights may be enforced directly against the person or entity who holds or controls the data.… Read the rest

Limits to Protection

General Limitations Data is not personal data, simply because the person’s name is mentioned. This limitation is particularly important in the context of employment. Most data in an employment context will relate to the employer. An incidental reference to an employee will not, in most such cases, make it personal data in relation to the employee.… Read the rest

Enforcement

Administration and Powers I The Data Protection Commissioner is an independent body which enforces the Data Protection Act. The EU directives on Data Protection require that there must be an independent body with the necessary means to perform its duties.… Read the rest

Privacy Issues

Right to Privacy Privacy is a basic human right. It is acknowledged by the Constitution and by the European Convention on Human Rights. Common law and statutory principles require in general that the employee’s privacy must be respected except in so far as its limitation is strictly necessary for the employer’s legitimate purposes.… Read the rest

Privacy Policies

Privacy Policy The employer’s privacy policy should be set out in the employee handbook. An employer may take steps to protect its business in the context of internet use and e-mail. The reasons and rationale for the policy should be described.… Read the rest

Agency Workers

Atypical Workers

Agency Workers Agency workers are persons who are contracted with an employment agency and who are made available to an employer from time to time. Their contract is not with the employer but with the agency. … Read the rest

Fixed-Term Contracts

Atypical Workers

Common Law Status of Fixed Term Contracts A fixed term contract is one for a particular period or for the performance of a particular task that ends naturally, once completed, without a specific act of termination by the employer. … Read the rest

Part-Time Workers

Atypical Workers

Overview Part Time Employment Legislation The Protection of Employees (Part-Time Work) Act makes provision for part-time employees. The Act implemented the EU Directive in relation to part-time work. The Directive seeks to promote part-time work and eliminate discrimination between part-time workers and full-time workers.… Read the rest

Trade Unions

Background Trade Unions have been the subject of special legislation since the late 19th Century. The legislation gives them many of the characteristics of companies and other incorporated bodies. They fall into the same broad category of legal organisation, as friendly societies, industrial and provident societies and credit unions.… Read the rest

Trade Disputes

Overview The Trades Disputes Act, 1906 introduced important immunities for trades unions and employees in undertaking strike and other industrial action. The so-called golden formula which was first introduced by the 1906 Act, sets out the conditions under which lawful strike action may be taken so that the key immunities are available.… Read the rest

Strike Issues

Right to Strike The European Union Social Charter provides for the right to strike. In Ireland, there is no direct right to strike. It exists as a series of negative immunities. There is immunity from certain legal rights of third parties which would otherwise apply in relation to the effects of industrial action.… Read the rest

Labour Injunctions