



Case Study
James Watters & Co Solicitors recently secured a substantial Equality Tribunal award for a client in the an employment law and equality law matter.
Our client worked in retail. In or about May 2010 it was alleged that a customer was racially abusive towards her. Our client was so upset by the abuse she reported it to the Gardaí. The Gardaí contacted the person who had allegedly abused our client but she denied it. Our client told the Gardaí she did not wish to pursue the matter further.
The following morning our client was then called into a meeting by her employer (the ‘Respondent’); he seemed annoyed that the matter had been reported to the Gardaí. Following the meeting she was informed that she was being transferred to another location. Our client explained that this was not convenient for her as she had a small child; however she was told that this was not her employer’s concern and her presence in the shop was affecting business.
On the first day in the new location she was told by her manager that a customer had complained about her and that she would be put to do more menial work. Our client decided to leave the job and managed to get alternative employment elsewhere. After two weeks in the new job her new employer asked her if she had been working in the respondents business. She told him that she had. The next day she received a text from her new employer to say there were no hours for her and he would let her go.
Our client engaged James Watters & Co Solicitors to help her resolve her employment law and equality law issues.
The Equality Officer made a finding against the old employer.
The Equality Tribunal found that our client had been discriminated against on the basis of her race, colour, nationality or ethnic or national origins. It was also found that she was the victim of harassment and her treatment following her making the complaint amounted to victimisation.
As a result of making these findings the Equality Officer made the following award:
• €14,000 in compensation for the distress caused by the discrimination and constructive dismissal;
• €20,000 in compensation for the distress caused by victimisation.
The full decision is available at: http://www.equalitytribunal.ie/en/Cases/2013/December/DEC-E2013-193.html
If you have any employment law or equality law issues call Watters Solicitors at 01-872 4717
The Department of Justice has recently (Dec '13) published a lengthy policy document on Non-EEA Family Reunification. David O'Neill BL provides a helpful summary of the document's main points:
1. General
1.1 The policy applies at once to any Irish citizen or qualifying resident who wants to bring a partner in from a non-EEA country
1.2 It may apply to an Irish citizen or qualifying resident who wishes to get status for a non-EEA partner already here
1.3 In principle, it should even apply to a non-EEA national with student, worker, or Stamp 4 status who is seeking an upgrade on grounds of partnership with an Irish citizen or qualifying resident, but this service could not then be offered over the counter at GNIB
1.4 The policy does not govern submissions in response to a proposal to deport
1.5 The policy may apply to applications to revoke a Deportation Order, but immigration history will be taken into account anyway
1.6 Departure from the policy should be “rare” and “exceptional”
2. Spouses/Partnerships
2.1 Where the sponsor is an Irish citizen, (s)he must show that (s)he has:
• in the 3 years before the application earned not less than €40,000 gross over and above any State benefits received AND
• not have been totally or predominantly dependent on State benefits for a continuous period of 2 years
2.2 The migrant’s potential earnings do not count
2.3 There is no exemption for sponsors on carer’s or disability benefit
2.4 Eg an Irish homemaker in the US wholly dependent on his or her US spouse’s income could not reunify under this family policy
2.5 Savings of the sponsor or foreign national may be counted in an unspecified manner
2.6 Green Card holders who are admitted on the basis they will earn a minimum amount can bring their families immediately subject to being able to show that they continue to earn the minimum at renewal
2.7 Ordinary work permit holders must maintain at least the minimum qualifying earnings of €30,000 over two years; maybe more if non-Irish children are to come as well
2.8 Non-visa-required employment permit holders can no longer be joined or accompanied by their spouses or children for their first 12 months in Ireland unless the employment permit is a Green Card
2.9 Certain Stamp 4 holders, such as those given humanitarian leave, may only sponsor after holding the permission for 2 years
2.10 Marriage/partnership of convenience is interpreted so widely that it may become a primary purpose rule ie you won’t be admitted if you can’t show how you would stay together if you were refused
2.11 Immigration by the parents of an Irish child will generally be facilitated unless the family is mainly foreign, especially if it would be a burden on the State
2.12 Persons making fraudulent applications may face residence bans eg you don’t declare your UK visa refusal, you may not apply to rejoin your Irish family for 5/10 years – the length isn’t specified
3. Termination
3.1 In principle, if the sponsoring spouse dies, the former family permit holder may normally remain in Ireland if (s)he has lived (presumably legally) in Ireland for 2 years or more before the death
3.2 If the couple divorce or are legally separated, permission to remain based on the sundered union will only be granted if the union lasted 3 years or more and the couple resided for 2 of those years in Ireland – other criteria may also have to be met
3.3 Once a union that formed the basis of a family permission breaks down each party (presuming that both at that stage qualify as sponsors) must wait 7 years from the date of grant of the previous family permission before either may sponsor a different partner
4. Parents
4.1 The following conditions apply to the immigration of elderly dependent relatives:
• There must be “exceptional circumstances” to justify a positive decision
• The sponsor must show that there is no practical alternative to the parent’s immigration
• The sponsor must have a net income for each of the 3 years prior to the application of €60,000 where the migration of 1 parent is sought, and €75,000 with regard to 2 parents
4.2 “Dependence” must be social and financial and continuous, must predate the application, and must be essential for independent living at a subsistence level.
4.3 Any permission granted will be subject to the following conditions:
• Private health insurance equivalent to VHI Plan D
• The sponsor’s undertaking to be completely responsible for the parent’s financial needs and to reimburse the State for any State funds availed of by that parent – a bond may be required
• Detailed provision for the parent’s accommodation
• Annual renewal subject to the conditions still being met
• No qualification for long-term residence or naturalization
4.4 Applications under this policy must always be made from outside the State, even though other elements of the family policy say this is impracticable for non-visa-required nationals
4.5 It is not, therefore, clear whether this policy is yet in force
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