Dáil Éireann Debate, Tuesday - 19 January 2016
198. Deputy John Browne asked the Minister for Jobs, Enterprise and Innovation if a person whose human rights were discriminated against but who does not fall within the criteria allowed by the Workplace Relations Commission can pursue the discrimination through another mechanism; and if he will make a statement on the matter. [1867/16]
View answerThe Deputy will appreciate that in the absence of specific details beyond hypothetical scenarios presented I can only respond by providing general information that I hope will be of assistance. The Workplace Relations Commission (WRC) is an independent, statutory body which was established on 1 October 2015 under the Workplace Relations Act 2015 (No. 16 of 2015). It assumes the roles and functions previously carried out by the National Employment Rights Authority (NERA), Equality Tribunal (ET), Labour Relations Commission (LRC), Rights Commissioners Service (RCS), and the first-instance (Complaints and Referrals) functions of the Employment Appeals Tribunal (EAT). The Employment Equality Acts 1998 to 2015 cover employees in both the public and private sectors as well as applicants for employment and training. The Acts outlaw discrimination in work-related areas such as pay, vocational training, access to employment, work experience and promotion. Cases involving harassment and victimisation at work are also covered by the Acts. The publication of discriminatory advertisements and discrimination by employment agencies, vocational training bodies and certain other bodies, e.g. trades unions and employer associations, is outlawed. An employee or prospective employee may make a claim if he or she is of the view that discrimination on any of the nine prohibited grounds has occurred. The grounds are Gender, Civil status, Family status, Sexual orientation, Religious belief, Age, Disability, Race colour, nationality, ethnic or national origins and Membership of the Traveller community.
Discrimination outside the workplace is covered by the Equal Status Acts. The Acts outlaw discrimination in all services that are generally available to the public whether provided by the state or the private sector. These include facilities for refreshment, entertainment, banking, insurance, grants, credit facilities, transport and travel services. Discrimination in the disposal of premises, provision of accommodation, admission or access to educational courses or establishments is also prohibited subject to some exemptions.
The nine grounds on which discrimination is outlawed are Gender, Civil status, Family status, Sexual orientation, Religious belief, Age, Disability, Race and Membership of the Traveller community. The legislation covers many different goods and services. It includes access to a place, facilities for banking, entertainment, cultural activities or transport, professional or trade services, health services, access to education and accommodation.
Complaints under the Equality legislation can be made to the WRC and they will be heard by an Adjudication Officer who can order redress as set out in the Acts if a finding of discrimination is made.
The Irish Human Rights and Equality Commission (IHREC) is an independent statutory body under the aegis of the Department of Justice and Equality which has been established to promote and protect human rights and equality in Ireland. It is Ireland’s National Human Rights Institution recognised as such by the United Nations. It is also Ireland’s National Equality Body for the purpose of EU Law. I understand that IHREC may grant legal assistance to individuals seeking to vindicate their human rights in the State such as by providing legal advice and legal representation before the Courts. IHREC can be contacted at the following link http://www.ihrec.ie/contact/.
