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€106,000 Award After Failure to Comply with WRC Order: A Critical Warning for Employers

A recent decision of the Workplace Relations Commission highlights a significant — and often underestimated — risk for employers: failing to comply with previous WRC decisions can escalate into serious discrimination claims and substantial financial exposure.

A long-serving employee has been awarded €106,000 after his employer failed to implement an earlier wages order and was found to have engaged in both age and disability discrimination.

This case serves as a clear warning that disputes do not end when a WRC ruling is issued — how employers respond afterwards can create further liability.

The Background

The employee had over 22 years of service and raised concerns regarding pay inequality compared to a younger colleague.

Both employees initially brought claims, however:

  • The employer reached a settlement with the younger employee
  • No resolution was reached with the complainant
  • The original WRC wages order in his favour was not complied with

The employee also raised concerns regarding how he was treated following the dispute, including remarks relating to his age and mental health.

What the WRC Found

The adjudicator made several significant findings:

❌ Age Discrimination

  • The employee was treated less favourably than a younger colleague
  • No objective justification was provided for the difference in pay structures
  • The employer failed to rebut evidence of age-related remarks

❌ Disability Discrimination

  • The employee disclosed a mental health condition
  • Derogatory comments were made regarding this condition
  • The conduct contributed to a deterioration in his health

❌ Failure to Comply with WRC Order = Further Discrimination

In a particularly important finding, the WRC held that:

The employer’s failure to comply with the earlier wages award, and its decision to prolong the dispute, constituted an additional act of discrimination.

Breakdown of the €106,000 Award

  • €53,000 (approx. 52 weeks’ pay) for age discrimination
  • €53,000 (approx. 52 weeks’ pay) for disability discrimination

 

This reflects the seriousness of both the conduct and the employer’s failure to resolve the issue when initially required.

Key Employer Risks Highlighted

This case raises several critical risks for employers.

1️⃣ Non-Compliance with WRC Decisions Can Escalate Liability

Ignoring or delaying compliance with a WRC order does not simply prolong a dispute — it can:

  • Strengthen an employee’s case
  • Create new legal claims
  • Significantly increase compensation exposure

2️⃣ Inconsistent Treatment Between Employees Creates Risk

Offering different outcomes to employees in similar situations — without clear justification — can lead to findings of discrimination.

Consistency in handling complaints is essential.

3️⃣ Workplace Conduct Matters in Legal Outcomes

The WRC relied on evidence of:

  • Abusive language
  • Hostile behaviour
  • Derogatory references to disability

Such conduct can transform a workplace dispute into a serious equality claim.

4️⃣ Long Service Employees Require Careful Handling

Employees with lengthy service histories:

  • Often have stronger expectations of fairness
  • May be more vulnerable to reputational or emotional harm
  • Can attract higher compensation awards

Practical Lessons for Employers

Employers should take the following steps:

✅ Comply promptly with all WRC decisions
✅ Document objective reasons for pay differences
✅ Ensure respectful communication at all times
✅ Train managers on equality and discrimination risks
✅ Address grievances consistently across employees
✅ Seek legal advice early in disputes

Failure to act at the right stage can significantly increase exposure.

The Bigger Message for Employers

This case reinforces a key principle:

👉 Employment disputes are not just about the original issue — they are about how employers respond.

Failure to resolve matters properly can escalate relatively contained disputes into high-value claims.

How Ormonde Solicitors Can Help

Ormonde Solicitors advises employers on:

  • WRC compliance and enforcement
  • Equality and discrimination claims
  • Grievance handling procedures
  • Workplace investigations
  • HR policy development

Early intervention can prevent disputes escalating into six-figure liabilities.

📞 Contact us today for confidential guidance.

Disclaimer: This article is for general information purposes only and does not constitute legal advice.

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