Dáil Éireann Debate, Wednesday - 30 September 2015
108. Deputy Clare Daly asked the Minister for Justice and Equality her views that caps on compensation in discrimination cases may contravene European Union law as articulated in the European Court of Justice ruling in the case of M. H. Marshall v. Southampton and South-West Hampshire Area Health Authority (No. 2) [1994] ICR242, ECJ Case 271/9. [33578/15]
View answerThe ECJ ruling referred to by the Deputy concerned the implementation of EU employment equality law on the gender ground. Our domestic legislation (section 77(3) of the Employment Equality Act 1998 (as amended)) provides claimants with a choice of forum to take gender employment equality cases to the Circuit Court instead of the Equality Tribunal. The jurisdiction of the Court to order redress in this category of claim is unlimited.
