Disability, rights recognition and the Workplace Relations Commission (WRC)
In my previous role as Development Manager with North Leinster Citizens Information Service I acted as an Advocacy Case Manager where I managed a team of dedicated Information Officers who, with the assistance of Advocacy Support Workers engaged in complex representative advocacy for Citizens Information clients. Through commitment, relentless research, and ability to 'walk in the client's shoes', the advocacy support service continually achieved significant outcomes for our clients in areas such as employment and equality.
Occasionally our advocacy related supports would lead to the Workplace Relations Commission (WRC) where legally binding decisions were made.
It is worth noting to employers, recruiters human resource teams and line managers that in the last four years there has been a significant increase in complaints made under the Employment Equality and Equal Status Acts relating to disability discrimination.
In the first half of 2019 alone, 36% of all complaints made to the Irish Human Rights and Equality Commission (IHREC) were related to disability discrimination. Emily Logan, the Chief Commissioner of IHREC stated last November that workplace discrimination against people with disabilities at present is 'persistent, pernicious and prevalent in Ireland'. These discriminatory attitudes in Irish workplaces are undoubtedly fuelled by fear, misconception, misrepresentation and lack of a basic awareness of disability.
Consequently, some of these complaints inevitably make their way to the WRC. A brief run through the two main methods of handling complaints by the WRC will be looked at this week. This is to give both employers as well as those potentially considering redress an insight into this relatively new quasi-judicial system.
For people with disabilities seeking to make a complaint of discrimination in relation to employment involving recruitment, promotion, workplace bullying, harassment, working conditions, dismissal, equal pay or access to training, they can make a complaint against an employer under the Employment Equality Act 1998 - 2015.
For someone seeking to make a complaint of discrimination relating to their status of having a disability when seeking the provision of goods and/or services, they can make a complaint under the Equal Status act 2000 – 2015.
There are two primary methods of handling complaints made to the WRC. These are mediation and adjudication.
When a person with a disability makes a complaint under equality legislation, an offer of mediation may be suggested. This is a voluntary process, completely confidential and is free to use. The purpose of mediation is to come to an agreement between the parties involved and to avoid a formal adjudication process. It is important to note that at the end of mediation, the agreement reached is legally binding and can be enforced through the courts. The agreement reached is not published.
If an agreement is not reached (or if mediation is not chosen as a first step), then the next step is adjudication. An Adjudication Officer will investigate the matter and a hearing will be held where both parties themselves will be afforded the opportunity to present any evidence in relation to the complaint made. These hearings are always held in private and are usually only attended by the Adjudication Officer, the parties involved and, if required, representative bodies such as Citizens Information. After the Adjudication Officer hears both parties, they form a decision which is made in writing. This decision is also legally binding. Decisions made by the Adjudication Officer may result in compensation or other redress.
Clients we engaged regularly stated that the WRC adjudication process, which would often be held in a hotel boardroom for example (if not in the WRC headquarters in Lansdowne Road), was preferable to the formality of courts system. Adjudication Officers we dealt with were fair, impartial and most importantly, made both parties feel at ease.
While no one ideally wants to find themselves at a WRC hearing, it is considered a relatively sound process with reasonable ease of access for the clients seeking redress. It is this relative ease of access with legally binding decisions which is rightfully assisting people with disabilities to assert their rights under related legislation.
From the perspective of the employer, there is undoubtedly a rising tide of rights realisation for people with disabilities both in Ireland and the UK at present. Increasing numbers of job applicants, employees and service users are stating that they are disabled by the processes of recruitment, retention and promotion. More are recognising that they are disabled by the workplace.
In order to avoid claims of discrimination, and to progress beyond an Ireland where disability discrimination is 'persistent, pernicious and prevalent in Ireland' greater awareness of disability as a is needed by employers, recruiters and human resource teams.
But aside from the legal issues which may arise, morally all employers should be doing their best to ensure equitable, inclusive hiring and retention practices when engaging people with disabilities.
If you are interested in finding out more about Disability Awareness Training or Disability Awareness support you can contact us on (01) 699 1150 or
info@abilityfocus.ie
