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Evaluate the role of the Director of Equality Investigations in solving conflicts in business - Leaving Cert Business - Question B - 2004
Question B
Evaluate the role of the Director of Equality Investigations in solving conflicts in business. Under the Employment Equality Act 1998, discrimination is outlawed on... show full transcript
Worked Solution & Example Answer:Evaluate the role of the Director of Equality Investigations in solving conflicts in business - Leaving Cert Business - Question B - 2004
Step 1
Evaluate the role of the Director of Equality Investigations in solving conflicts in business.
Answer
The Director of Equality Investigations (DEI) plays a crucial role in resolving conflicts related to discrimination in the workplace as outlined by the Employment Equality Act 1998.
Investigative Role
The DEI is tasked with investigating claims of discrimination based on nine grounds, including gender, marital status, and disability, among others. This ensures that individuals have a formal avenue to report grievances and seek justice.
Decision-Making Authority
Once the DEI investigates a case, they issue a decision that is binding and enforceable in the Circuit Court. This establishes a legal precedent that businesses must follow, promoting compliance with equality laws.
Appeals Process
Decisions made by the DEI can be appealed to the Labour Court within 42 days, providing an additional layer of oversight and fairness to the process. This allows both employers and employees to ensure that their rights are upheld under the law.
Compensation Guidelines
In cases involving equal pay, the DEI can award compensation for the period of discrimination, limited to three years prior to the claim, or provide financial remedies for other types of discrimination, capping the compensation at two years' pay or €10,000 when the affected person is not an employee.
Preventive Measures
Furthermore, the DEI can mandate actions to prevent future discrimination. By doing so, they not only resolve individual cases but also work towards creating a more equitable workplace environment.
Mediation Options
Finally, the DEI has the authority to refer cases to mediation. This approach can facilitate a quicker and potentially less adversarial resolution, allowing both parties to come to an amicable agreement without further escalation.
In summary, the DEI serves as an essential mechanism in addressing and resolving conflicts related to discrimination in business, ensuring adherence to the law and promoting equality in the workplace.