Latest news with #EmploymentEqualityAct1998
Irish Independent
7 days ago
- General
- Irish Independent
Chef whose colleague thrust into him ‘as if he was riding a horse' and let out a ‘yee-haw' loses discrimination claim against Dublin nightclub
While the tribunal accepted Mr Aksakal was subjected to 'unedifying' behaviour with 'undeniable sexual overtones', it found the Odeon took the incident 'very seriously' A chef has failed to have a Dublin nightclub held liable for the conduct of a colleague who thrust into him with his genital area 'as if he was riding a horse' and let out 'a loud 'yee-haw'' in an incident with 'undeniable sexual overtones' last year. Rejecting the worker's discrimination claim under the Employment Equality Act 1998, the Workplace Relations Commission (WRC) found the Odeon Bar and Restaurant on Harcourt Street in Dublin 2, operated by Kivaway 2 Ltd, was not a workplace where sexual harassment was tolerated.
RTÉ News
22-05-2025
- RTÉ News
Worker has employment claims thrown out because she turned up 30 minutes late to hearing
The Workplace Relations Commission has thrown out multiple employment rights claims by a worker at a community probation service because she turned up half an hour late for her hearing before an adjudication officer last month. Maureen McHugh filed complaints against her employer, the Tallaght Probation Project, trading as Deonach, alleging breaches of the Employment Equality Act 1998, the Terms of Employment (Information) Act 1994, and the Safety, Health and Welfare at Work Act 2005. Ms McHugh earned €2,400 a month for a 19-hour week as a tutor with the west Dublin charity, which operates probation courses for young offenders and adults funded by the State. Her complaints were received by the WRC in January and February 2025 and were listed for hearing at 9.30am on Wednesday 30 April last at Lansdowne House in Dublin 4. In decision documents published today by the WRC, adjudication officer Breiffni O'Neill wrote: "[Ms McHugh] did not attend at the appointed time of 9.30am to give evidence in relation to her complaints." "She telephoned the WRC's reception desk at 9.30am to explain that she was delayed by 10 minutes due to traffic. I therefore waited until 9.50am, and as she was still not in attendance at that time, I proceeded with the hearing," he added. He noted that the employer's representative and two witnesses were present, but as Ms McHugh "was not present to give evidence", the hearing concluded without any evidence being taken. Ms McHugh arrived to the tribunal building at 10am, Mr O'Neill added. "I explained to her that as she had not arrived at the appointed time of 9.30am and within a reasonable period afterwards, I had proceeded to hear the matter and it had concluded," Mr O'Neill added. Mr O'Neill rejected Ms McHugh's complaints as "not well founded" on the basis that she "did not attend the hearing to give evidence" or that she had failed to raise an inference of discrimination by failing to present evidence.
Irish Independent
22-05-2025
- Irish Independent
Worker's employment rights claims thrown out after she turned up 30 minutes late for hearing
The Workplace Relations Commission (WRC) has thrown out multiple employment rights claims by a worker at a community probation service because she turned up half an hour late for her hearing before an adjudication officer last month. Maureen McHugh filed complaints against her employer, the Tallaght Probation Project, trading as Deonach, alleging breaches of the Employment Equality Act 1998, the Terms of Employment (Information) Act 1994, and the Safety, Health and Welfare at Work Act 2005.
BreakingNews.ie
05-05-2025
- Business
- BreakingNews.ie
Kerry haulage firm fined €30k for gender discrimination against female driver
A Kerry haulage firm has been ordered to pay €30,000 compensation to a female truck driver who it discriminated against on grounds of gender over how it applied reduced working hours to staff. The Workplace Relations Commission ruled that Brennan's Licensed Hauliers Kilflynn Limited based in Tralee, Co Kerry, breached the Employment Equality Act 1998 over the manner in which it laid off Sinead Allen in November and December 2023. Advertisement The WRC concluded Ms Allen was treated less favourably than a male colleague who had a separate undisclosed arrangement with the company regarding his hours. WRC adjudication officer, Úna Glazier-Farmer, praised the courage of Ms Allen in making the complaint given she operated in 'a male-dominated profession' and said the award of €30,000 compensation should serve 'as a deterrent to discrimination.' She also noted that Ms Allen had challenged the company's fabrication of a story that she was unwelcome at a client's yard. Ms Glazier-Smith said she did not accept that the other driver was more senior than Ms Allen as there was no evidence he was in continuous employment. Advertisement She said the company's director, Robert Brennan, was evasive in responses to the WRC and failed to produce supporting documentation. The WRC also ruled that the company had unfairly dismissed Ms Allen from her job and awarded her an additional €3,188 in compensation. Ms Allen, who was paid a daily rate of €120, claimed her hours began to be reduced from late November 2023 without notice while another driver, Jonathan Brosnan, continued working. She pointed out that two other male drivers worked 'the odd day' around Christmas 2023 while she was 'left at home.' Advertisement Ms Allen, who had worked with the company since March 2022, gave evidence that she saw the company's trucks on the road working, despite being told there was a downturn in business. She denied any knowledge that the haulage firm operated a system of 'last in, first out' for redundancies. The company denied that it had unfairly dismissed the complainant and claimed she had ceased working on a voluntary basis in January 2024. Mr Brennan also denied that it had discriminated against Ms Allen and claimed the allocation of work among drivers was not influenced by gender. Advertisement He told the WRC that the business was dependent on weather conditions for its work for Kerry County Council, McSweeney Brothers and Ardfert Quarries. He claimed 2023 was very quiet due to a 'downturn in construction.' Mr Brennan explained that he had five drivers including himself with the roster 'drawn from seniority.' He claimed Ms Allen did not want to work intermittent days as it would affect her social welfare payments, while he and Mr Brosnan had their 'own agreement' about his hours. Advertisement In her ruling, Ms Glazier-Farmer noted that Mr Brennan had given evidence that the 'last in, first out' rule applied to offers of work when the business was quiet. Asked if he had considered sharing work equally between drivers during quieter periods, Mr Brennan said Mr Brosnan 'wouldn't agree to that' before adding that dealing with drivers was 'like walking on eggshells.' Ms Glazier-Farmer financial records provided by Brennan's did not demonstrate that the company had no option but to lay off employees in late 2023. The WRC said they had instead shown a healthy sales figure of over €71,000 for a three-month period. Ms Glazier-Farmer said the practice described by Mr Brennan of laying off staff to cover short seasonal gaps in work was 'questionable' and ran contrary to employment legislation about transparent and predictable working conditions which took effect in December 2022. Given the company's long-standing contracts with at least two businesses, she said it was 'unreasonable' to suggest an employee should be routinely expected to rely on social welfare to sustain the business without any consideration of alternative duties, structured annual leave over the Christmas period or time in lieu. The WRC also concluded that Ms Allen was unfairly dismissed from her job as no disciplinary or fair procedures were followed by the company. The company was also ordered to pay further compensation of €2,393 to Ms Allen after it accepted that it had failed to provide her with a contract of employment or a statement of her terms and conditions.
Irish Examiner
04-05-2025
- Business
- Irish Examiner
Kerry haulage firm must pay female truck driver €30,000 in gender discrimination case
A Kerry haulage firm has been ordered to pay €30,000 compensation to a female truck driver who it discriminated against on grounds of gender over how it applied reduced working hours to staff. The Workplace Relations Commission ruled that Brennan's Licensed Hauliers Kilflynn Limited based in Tralee, Co Kerry, breached the Employment Equality Act 1998 over the manner in which it laid off Sinead Allen in November and December 2023. The WRC concluded Ms Allen was treated less favourably than a male colleague who had a separate undisclosed arrangement with the company regarding his hours. WRC adjudication officer, Úna Glazier-Farmer, praised the courage of Ms Allen in making the complaint given she operated in 'a male-dominated profession' and said the award of €30,000 compensation should serve 'as a deterrent to discrimination". She also noted that Ms Allen had challenged the company's fabrication of a story that she was unwelcome at a client's yard. Ms Glazier-Smith said she did not accept that the other driver was more senior than Ms Allen as there was no evidence he was in continuous employment. She said the company's director, Robert Brennan, was evasive in responses to the WRC and failed to produce supporting documentation. The WRC also ruled that the company had unfairly dismissed Ms Allen from her job and awarded her an additional €3,188 in compensation. Hours began to be reduced Ms Allen, who was paid a daily rate of €120, claimed her hours began to be reduced from late November 2023 without notice while another driver, Jonathan Brosnan, continued working. She pointed out that two other male drivers worked 'the odd day' around Christmas 2023 while she was 'left at home". Ms Allen, who had worked with the company since March 2022, gave evidence that she saw the company's trucks on the road working, despite being told there was a downturn in business. She denied any knowledge that the haulage firm operated a system of 'last in, first out' for redundancies. Company denied unfair dismissal The company denied that it had unfairly dismissed the complainant and claimed she had ceased working on a voluntary basis in January 2024. Mr Brennan also denied that it had discriminated against Ms Allen and claimed the allocation of work among drivers was not influenced by gender. He told the WRC that the business was dependent on weather conditions for its work for Kerry County Council, McSweeney Brothers and Ardfert Quarries. He claimed 2023 was very quiet due to a 'downturn in construction.' Mr Brennan explained that he had five drivers including himself with the roster 'drawn from seniority". He claimed Ms Allen did not want to work intermittent days as it would affect her social welfare payments, while he and Mr Brosnan had their 'own agreement' about his hours. In her ruling, Ms Glazier-Farmer noted that Mr Brennan had given evidence that the 'last in, first out' rule applied to offers of work when the business was quiet. Asked if he had considered sharing work equally between drivers during quieter periods, Mr Brennan said Mr Brosnan 'wouldn't agree to that' before adding that dealing with drivers was 'like walking on eggshells". 'Transparent and predictable working conditions' Ms Glazier-Farmer said financial records provided by Brennan's did not demonstrate that the company had no option but to lay off employees in late 2023. The WRC said they had instead shown a healthy sales figure of over €71,000 for a three-month period. Ms Glazier-Farmer said the practice described by Mr Brennan of laying off staff to cover short seasonal gaps in work was 'questionable' and ran contrary to employment legislation about transparent and predictable working conditions which took effect in December 2022. Given the company's long-standing contracts with at least two businesses, she said it was 'unreasonable' to suggest an employee should be routinely expected to rely on social welfare to sustain the business without any consideration of alternative duties, structured annual leave over the Christmas period, or time in lieu. The WRC also concluded that Ms Allen was unfairly dismissed from her job as no disciplinary or fair procedures were followed by the company. The company was also ordered to pay further compensation of €2,393 to Ms Allen after it accepted that it had failed to provide her with a contract of employment or a statement of her terms and conditions. Read More Dundalk FC ordered to pay former executive almost €17,000 over unfair dismissal
