Construction worker awarded €35,000 for discriminatory dismissal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Workplace Relations Commission ordered a property developer to pay an unnamed construction worker €35,000 for discriminatory dismissal under the Employment Equality Act 1998, in a decision published on 19 October 2023.

The worker was dismissed in August 2020 after taking periods of sick leave in May and June, with the complaint stating that age and ill health influenced the redundancy selection.

The company denied discrimination and said there was no prima facie case. A director said the worker was not required at the site, while accepting that the respondent and an affiliated company had the same directors but different shareholders.

Adjudicator Davnet O’Driscoll found there had been no redundancy consultation, consideration of mitigation or alternative positions, and ordered €35,000 compensation. She also rejected the employer’s attempt to have the complaint dismissed as late.