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Workplace relation commission and civil court

  • 04-10-2018 06:29PM
    #1
    some1gr8
    Registered Users, Registered Users 2 Posts: 92 ✭✭


    Hi folks,
    I just have a general question.
    If an employee takes his employer to WRC for discrimination and gets the decision in his favour, can he still bring his employer to civil court for psychological injury as well?


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Open for general discussion subject to forum rule on legal advice


  • #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    some1gr8 wrote: »
    Hi folks,
    I just have a general question.
    If an employee takes his employer to WRC for discrimination and gets the decision in his favour, can he still bring his employer to civil court for psychological injury as well?

    To go near a court at all there has to be a recognised psychological injury.


  • #4
    some1gr8
    Registered Users, Registered Users 2 Posts: 92 ✭✭some1gr8


    4ensic15 wrote: »
    To go near a court at all there has to be a recognised psychological injury.

    Lets say there is and its backed by medical evidence....


  • #5
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 27,966 ✭✭✭✭Peregrinus


    In principle, I don't see why he couldn't.

    Suppose your employer struck you. You could certainly treat that as constructive dismissal and seek a remedy in the WRC for unfair dismissal. You could also sue him for assault. (And, for the trifecta, you could make a complaint to the guards and hope to see him prosecuted for assault).

    I don't see why it would be any different if the injury were mental/psychological rather than physical. Of course, it's not enough that you have suffered mental health problems due to a situation at work; you'll need to establish an actionable wrong on the part of the employer, and you'll need to show that the injury to your mental health was caused by that wrong. But, in principle, if you can assemble all the evidence you need for that, I don't think the fact that you have previously obtained a remedy in the WRC for wrongful dismissal would be a bar to proceedings.


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