Neale Richmond (Dublin Rathdown, Fine Gael)
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The 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 (1^stOct) - (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 However, it is also possible for complaints to be settled, resolved by mediation, struck out or withdrawn prior to a hearing.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.

Neale Richmond (Dublin Rathdown, Fine Gael)
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Cases 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.