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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10170
Experience:  Barrister 17 years experience
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Hello! I have a question regarding employment law in Ireland.

This answer was rated:

Hello!

I have a question regarding employment law in Ireland. I think I am being discriminated against on the grounds of race, but I would need an expert opinion on it.

I am Spanish and had recently to relocate because of my personal injuries suffered as the result of my workplace. My employer stopped paying my salary and, even though I informed them that I couldn't stay in Dublin without any financial support, they said that it was my problem. As a result I had to relocate to Spain to seek financial support from my family and receive my treatment.

Some days after I had to relocate to Spain, the company notified me that I was obliged to pay the costs associated with the occupational health assessment requested by them in Ireland: "[...] we are not responsible for any costs ... associated with your attendance for medical appointments in Ireland." However, according to section 9, item a) of my contract, "[...] The doctor will be appointed by company, who will pay all the costs involved". On 2nd April 2013, the company sent me a letter containing messages I consider highly harassing and threatened me with taken an unfounded and unfair disciplinary action because ”[...] It is a requirement of your contract of employment that you attend for occupational health assessment in Dublin with a doctor appointed by the Morgan McKinley”. I want to attend the medical appointment, but because of the violation of the contract I believe their position represents I can't comply with their request as other employees in Dublin can do.

Therefore, I am thinking of filing a claim to the Equality Tribunal and I would need to know whether this violation of the contract can be connected to a discrimnation on the grounds of race or it is simply a discrimination. If so, what could I say about this at the Equality Tribunal?

Thank you for your time and support.

Buachaill : 1. At the outset, I do not believe there has been a discrimination on the grounds of race. Essentially, there just has been a breach of contract on the part of the employer. Accordingly, I would suggest you simply sue your employer for work injuries suffered at work. Just because you are Spanish and had to relocate to Spain because of your work injuries does not make it a case of racial discrimination. As part of your case for your work injuries you can seek compensation for loss of earnings and seeking reinstatement or compensation for losing your job. Additionally, you can sue for any medical costs and expenses and additional expenses associated with your attending medical appointments in Ireland as this is an additional head of loss as this is a further breach of contract.
Buachaill : 2. I would suggest you attend at the medical appointment in Dublin for a vocational assessment as this will determine your fitness for work and the continuance of your employment contract. Essentially, if you fail to turn up, you will be considered to have voluntarily given up your job and therefore you will not be able to sue for loss of employment as part of your breach of contract claim. So be sure to turn up! Even if this is at your expense and a breach of the employment contract. In law it makes no difference that you have decided to relocate yourself to Spain. Whilst in Dublin, you should speak to a solicitor who can sue Morgan McKinley for you.
Buachaill : 3. Be aware that you have a good case on racial discrimination when Morgan McKinley don't accept doctors certificates from Spanish doctors. However, the rest of your case has nothing got to do with racial discrimination but is simply a claim for injuries suffered in employment and a claim for breach of employment contract.
Buachaill : Please RATE the Answer positively so that I may get paid
Customer: Thank you for clarifying this situation so precisely. I appreciate your advice.
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello,


 


I have been asked by the Equality Tribunal to legally motivate the discrimination on the grounds of race (nationality) I believe I have been subject to by my employer. I believe the Employment Equality Act 1998 could be used to explain my case.


 


Could you please advise what Irish regulations/laws I could use in order for me to legally explain the discrimination on the grounds of race?


 


Thank you for your support.

This is a separate Question and really should be asked as such. However, if you Click Accept or Rate the Question positively at the end, then I will answer it.
1. When the Equality Tribunal are asking you to (legally motivate?) explain why you have been discriminated against on the basis of race, you effectively set out the grounds as to why you are being discriminated against on the basis of race. Here it is because your employer will not accept Spanish doctor's certificates from you even though you are Spanish and your illness at work has necessitated that you return to Spain to get treatment. In essence you are being discriminated against because you are Spanish and are providing Spanish medical certificates. You are not being treated equally as an Irish worker. There is no need to recite legislation as it is not relevant here. The Equality Tribunal is perfectly well able to read the prohibition on discrimination against race in the 1998 Act and you don't need to repeat it. Additionally, as I mentioned in my earlier answer, none of the remainder of your case has to do with racial discrimination but is a breach of contract claim and injury at work claim against your employer.
Please RATE the Answer positively so that I may get paid
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much. I really appreciate.


 


Sorry for the way I have asked this related question. I didn't know how I could reach you. I will certainly do my best now to learn where I can pay for your answers.


 


Thanks!

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