Dáil Éireann Debate, Wednesday - 28 June 2023
57. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment the number of cases taken under disability grounds for discrimination under the Employment Equality Acts 1998-2015 to the Workplace Relations Commission in each of the years since 2015, in tabular form; the number of these cases that were adjudicated in favour of the complainant; and if he will make a statement on the matter. [31462/23]
View answerThe Workplace Relations Commission (WRC) is independent in the exercise of its quasi-judicial function, and I have no direct involvement in its day-to-day operations. However, I am informed of the following.
The Employment Equality Acts 1998-2015 prohibit discrimination on 9 specific grounds in the workplace and in employment-related areas. The protected grounds are:-
Gender
• Civil status
• Family status
• Sexual orientation
• Religion
• Age
• Disability
• Race
• Membership of the Traveller community.
The attached table sets out the information on individual complaints received for the period 2015 (1st Oct) - (to end May) 2023 under the Employment Equality Acts, 1998-2015 showing the total referrals received, of which cited disability. It may be noted that a complainant may, in addition to the ground of disability, include any other of the nine prohibited grounds of discrimination when making a complaint to the WRC under the Acts. The WRC Annual Reports itemise the total referrals each year and a further breakdown by ground selected. The Reports are available at www.workplacerelations.ie.
WRC Adjudication Officers are independent in their decision making functions. It is their role to make a decision based on the evidence both oral and written adduced at the adjudication hearing, having regard to the legislation in place and the factual matrix which varies from cases to case. Once a decision issues it is open to either party to appeal the decision to the Labour Court within 42 days from the date of the decision. The outcomes from an adjudication hearing are one method for complaints being dealt with. However, it is also possible for complaints to be settled, resolved by mediation, struck out or withdrawn prior to a hearing. In these instances this removes the need for an adjudication hearing and decision.
Referrals under the grounds of disability can also be selected under the Equal Status Acts, 2000-2015. The WRC provide and publish a breakdown of grounds in the WRC Annual Report yearly.
