The Workplace Relations Commission (WRC) now deals with all complaints of discrimination in employment and access to goods and services. These complaints (formerly handled by the Equality Tribunal whose functions were transferred to the WRC on 1 October 2015) come under the following equality legislation:
There is information about employment equality and equal status, as well as a list of frequently asked questions, on workplacerelations.ie. The Irish Human Rights and Equality Commission also provides information to the public on equality legislation.
Victimisation is also covered by equality legislation. Victimisation occurs when a person is treated less favourably than another because they opposed discrimination or were involved in a complaint of unlawful discrimination.
The Workplace Relations Commission also deals with complaints of discrimination on the grounds of gender under the Pensions Acts 1990–2015 in relation to occupational benefit or pensions schemes. However, it cannot deal with complaints about licensed premises and registered clubs. To pursue a complaint about a licensed premises or registered club you must take your case to the District Court.
The 2 methods of handling equality or discrimination disputes are mediation and adjudication
When you make your complaint under equality legislation, you may be offered mediation. It is a voluntary and confidential process. Mediation is an attempt to get agreement between the parties. At the end of mediation both sides sign an agreement which is legally binding so that both sides must keep to the terms of the decision. Mediation is held in private and the agreement is not published. If you do not reach an agreement through mediation you can request your case be brought to investigation.
Mediation is held in private and the agreement is not published. If you do not reach an agreement through mediation, your case will be referred to an adjudication officer. You can read more about mediation on workplacerelations.ie.
If mediation is not used or is not successful, the complaint or dispute is referred to an adjudication officer who will conduct an inquiry and issue a legally binding decision. Remedies will include one or more of the following: compensation, an order for equal pay or equal treatment, and/or an order that somebody take a specified action.
In general, complaints under the Employment Equality Acts 1998–2015 and complaints about discrimination in pensions must be brought within 6 months. You should make your complaint using the online complaint form available on workplacerelations.ie. The time limit can be extended by a further 6 months for "reasonable cause".
To make a complaint under the Equal Status Acts 2000–2015 you must first notify the person or organisation you are making the complaint against within 2 months of the last act of discrimination. To do this you complete ES.1 form (pdf) and send it to the person or organisation you are making the complaint against. The time limit for notification can be extended to 4 months by the Director General of the Workplace Relations Commission. If you are not satisfied with the service provider's response, or if they have made no response within 1 month from the date you notified them, and you wish to pursue the complaint, you should use the online complaint form available on workplacerelations.ie.
All decisions of an adjudication officer can be appealed, to the Labour Court for employment and pensions cases and to the Circuit Court for equal status cases, within 42 days of the issue of the decision.
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If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000. The Phone Service will operate Monday to Friday, 9am to 6pm during January 2017. You can also visit your local Citizens Information Centre.