At Employment Matters, we recently represented a General Manager in a significant case of pregnancy-related discrimination and victimisation. This case, which resulted in a €90,000 award, underscores the importance of protecting employees’ rights, particularly during pregnancy and maternity leave. Our firm is dedicated to standing up for individuals who face unfair treatment in the workplace, ensuring that justice is served.
Case Overview: A Victory for Workplace Equality
Our client, a General Manager working at a Kilkenny-based vehicle and equipment rental company, was awarded €90,000 in compensation by the Labour Court after facing discrimination due to pregnancy and subsequent victimisation. The Court ordered the company to pay €70,000 for pregnancy-related discrimination and €20,000 for victimisation, sending a clear message about the importance of upholding workers’ rights.
Initially, the Workplace Relations Commission (WRC) had awarded our client €53,000 for discrimination and €8,000 for victimisation. However, both the company and our client appealed the decisions, leading to an increased award from the Labour Court.
The Core of the Discrimination
The discrimination occurred during our client’s maternity leave, when a senior position was created at the company. Our client was not given the opportunity to apply for the new role, despite having been with the company since 1995 and having an exemplary record. As a result, her position was effectively downgraded upon her return to work, which significantly impacted her career progression and professional standing.
The Labour Court described pregnancy-related discrimination as “particularly egregious,” especially since it occurred during a period when employees should feel supported as they balance their professional and personal lives.
Victimisation Following the Complaint
In addition to the pregnancy-related discrimination, our client also experienced victimisation after lodging a complaint. The company took actions such as downgrading her company car and cutting off her company phone service, both of which were essential to her role. The Labour Court ruled that these actions were clear acts of retaliation for raising her grievances.
Our client’s car was replaced with a lower-quality vehicle after her return from maternity leave, and her phone—used for over 25 years—was cut off the day after mediation failed to resolve the issues. The Labour Court found that these incidents were not mere coincidences, but deliberate actions taken by the company in response to the complaint.
How This Case Impacts Workers’ Rights in Ireland
This case is a clear reminder of the protections enshrined in Irish law for employees, particularly under the Employment Equality Act:
- Pregnancy-related discrimination is unlawful. Employers are required to ensure that employees on maternity leave are treated fairly and have equal opportunities upon returning to work.
- Victimisation is equally prohibited. Employees must feel safe raising concerns without fear of retaliation from their employer.
- Employees have the right to challenge discriminatory actions. If you feel your rights have been violated, you can take legal action and seek compensation.
What This Means for You
At Employment Matters, we are committed to protecting the rights of employees and ensuring that they receive fair treatment in the workplace. If you are facing discrimination or victimisation, especially related to pregnancy or maternity leave, it is crucial to know that you have legal protections in place. Our experienced solicitors are here to help you understand your rights and guide you through the process of seeking justice.
