No statutory requirement to anonymise WRC discrimination decisions

There is no statutory requirement to anonymise all Workplace Relations Commission discrimination decisions, the Irish Human Rights and Equality Commission has said.

The Commission has issued a notification in response to its own concerns, the concerns of legal practitioners, civil society advocates and the public, that rules adopted by the WRC have resulted in its decisions being published without identifying the parties.

The notification makes clear that the requirement under section 41 (14) of the Workplace Relations Act 2015 that decisions be published without identifying parties does not apply to decisions under anti-discrimination legislation, the Commission has confirmed.

Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission, has issued notifications to the Law Society, Bar Council, civil society advocates and legal practitioners.

In a statement, the IHREC said the primary means of enforcement of anti-discrimination law is the individual and their power to make complaints. The ability to publicly see this power in action, with employers and service providers who have engaged in discrimination or harassment identified through complaints, stimulates awareness and empowerment for others to also challenge discrimination.

The notification, issued following engagement with the WRC, is intended to clarify issues arising from the publication of decisions by the WRC relating to employment equality under the Employment Equality Acts and to discrimination in the provision of goods and services under the Equal Status Acts.

Ms Logan said: “The greatest enabler we have in challenging discrimination in our society is information, and where instances of discrimination are challenged, there should be visibility of those challenges and the outcomes.

“The identification of employers and services providers that have discriminated against employees and people availing of services, will ensure that legal protections against discrimination are effective and dissuasive.”