WRC Lifts Statutory Cap of €13,000 in Employment Access Case & Awards €40,000 Instead

In a recent decision of the Workplace Relations Commission (WRC) in the case of Noel O’Connell v National Council for Special Education (ADJ-00042837), the National Council for Special Education (NCSE) was found to have indirectly discriminated against a deaf applicant for the role of “Advisor Deaf/Hard of Hearing (ISL)”.

The case is significant not only for its discrimination finding, but also because the Adjudication Officer disapplied the statutory €13,000 compensation cap applicable in access-to-employment discrimination claims, awarding €40,000 in compensation instead.

Facts:

In March 2022 the Complainant who is deaf and fluent in Irish Sign Language (“ISL”) applied for a role with the National Council for Special Education (“NCSE”). The role was entitled “Advisor Deaf/Hard of Hearing (ISL)” (the “Role”).

In order to be eligible for consideration for the Role, the NCSE required applicants to hold a formal Irish Sign Language (“ISL”) qualification. As is typical for native sign language users, the Complainant did not hold a formal academic ISL qualification. There was also a requirement to demonstrate excellent oral communications skills. The Complainant’s application was rejected.

The Complainant requested a review explaining the denial of his application. That internal review upheld his complaint, finding that he met the essential criteria. However, the NCSE did not reopen the competition for the Role or provide the Complainant with any remedy.

Decision:

The Adjudication Officer decided in favour of the Complainant. The Adjudicator determined that the Respondent’s actions amounted to indirect discrimination against the Complainant and the Complainant’s discrimination claim was well founded.

The Adjudication Officer then turned to the question of what should be ordered by way of redress for the discrimination suffered by the Complainant.

Significantly, national law in Ireland (namely Section 82(4) of the Employment Equality Act 1998) provides an upper compensation limit of €13,000.00 in cases involving discrimination in respect of access to employment (which is the category this case would fall under).

However, the Complainant’s legal team sought to rely on European Law namely Article 17 of Directive 2000/78 which provides that “The sanctions, which may comprise the payment of compensation to the victim, must be effective, proportionate and dissuasive”.

The Complainant’s legal team also relied upon Case C-378/17 Minister for Justice and Equality & Commissioner of An Garda Síochána v. Workplace Relations Commission where the European Court of Justice (“ECJ”) held that bodies such as the WRC who are called upon to apply EU law are obliged to adopt all the measures necessary to ensure that EU law is fully effective including “disapplying if need be any national provisions or national case-law that are contrary to EU law”.

The Complainant was successful in his plea for effective compensation as the Adjudication Officer did in fact disapply the national compensation cap of €13,000.00 and instead ordered the Respondent to pay the Complainant compensation in the amount of €40,000.00.

Takeaway for Employers:

This is a highly significant decision by the WRC as it demonstrates a willingness to exercise its power to disapply national law when it conflicts with EU law.

On the specific point of compensation caps, suffice to say that employers should be prepared for strong arguments against the imposition of the €13,000.00 compensation cap in access to employment claims going forward.

However, employers should also be ready for arguments by employees that potentially go beyond that i.e. arguments that other statutory compensation caps should similarly be set aside in cases where more effective and dissuasive redress is required in accordance with EU law.

Link to decision – ADJ-00042837

Authors – Jane Holian and Laura Killelea

28^th February 2026

Anne O’Connell Solicitors

19-22 Lower Baggot Street

Dublin 2.

www.aocsolicitors.ie