Dáil Éireann Debate, Wednesday - 28 June 2023
58. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment if complainants taking cases under the grounds of discrimination in the workplace have access to any additional resources or supports in these cases; and if he will make a statement on the matter. [31464/23]
View answerCases under the Employment Equality Acts are referred in the first instance to the Workplace Relations Commission, save where the claim relates to gender discrimination, in which case a complainant has the option of initiating their case in either the Workplace Relations Commission or the Circuit Court.
Equality complaints in the Workplace Relations Commission are typically disposed of by way of mediation and/or adjudication.
In compliance with the Commission’s obligations under the Disability Act 2005 and Irish Human Rights and Equality Commission Act 2014, and in accordance with its Customer Service Charter, equality in the provision of the Commission’s services is promoted and access for persons with disabilities is provided wherever practicable. The Commission has a nominated Access Officer to facilitate access and who can arrange particular assistance for persons with disabilities. Examples of the type of assistance previously provided include ISL interpretation services, hearing loops and special adaptations of meetings and hearings for persons with neurological conditions.
The Commission’s complaint form, which may be used by a complainant to refer their case under the Employment Equality Acts to the Commission, expressly asks a complainant whether special facilities are required to attend the hearing of their case. The online complaint form is compatible with technology to assist persons with visual disability.
Cases for adjudication are generally scheduled by the Commission for an in-person, remote or hybrid hearing. A party may request a hearing in a particular format based on their personal circumstances and the Commission has procedures to deal with such requests. A party’s personal circumstances may require specific accommodations to effectively participate in the hearing. The Commission endeavours to provide reasonable accommodation, adaptation of its services and assistance according to a person’s needs wherever practicable. An interpreter service is available to parties to ensure understanding and effective participation in a hearing, including communication with an Adjudication Officer and any other participant at a hearing.
Whilst Mediation and Adjudication Officers must be impartial in the exercise of their functions, equality is ensured by the relevant Officer adapting and making accessible meetings and hearings according to a party’s needs and wherever practicable and appropriate. Support persons can accompany a party to a mediation/adjudication hearing.
Finally, the Irish Human Rights and Equality Commission (IHREC) is Ireland’s national human rights and equality institution. In accordance with section 40 of The Irish Human Rights and Equality Commission Act 2014, there are circumstances in which the IHREC can give legal assistance to a person who wishes to bring or has, a matter before the Workplace Relations Commission or the Courts.
