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Decision Number:
Published on: 25/02/2014
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

This claim related to an agency worker but was taken before the effective date of the EU Directive on Temporary Agency Work 2008/104/EC, 5 December 2011, and the Protection of Employees (Temporary Agency Work) Act 2012 which came into force on 16 May 2012.

The claim was not upheld and was handled by the Equality Officer in accordance with the arrangements in the Employment Equality Acts in force at the relevant time.  At that time agency workers could only compare themselves to another agency worker and the employer was considered to be the entity that paid the worker.

The Equality Officer found that the complainant’s assertions could not be elevated to the status of evidence and he failed to establish a prima facie case.  In relation to the harassment allegations it was found that the employer was entitled to rely on the defence in section 14A because the complainant had not reported the alleged incidents.

Read the full case review here:

http://www.labourcourt.ie/en/Cases/2014/January/DEC-E2014-002.html

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 25/02/2014
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