Equality in Employment - Case Study 2015

By nclcadmin, Monday, 9th November 2015 | 0 comments
Filed under: Case Studies 2015, Employment, Equality.

Background

This client initially presented at CLM’s free legal advice clinic.

The client had been employed as a Sales Assistant in a Dublin Shopping Centre but had been dismissed shortly after having informed her employer that she was pregnant. She was assured by the employer that the reason for her dismissal was not because she was pregnant but due to the fact that sales had decreased.

The client’s employer had previously supplied her landlord with a very positive reference. The employer subsequently hired another member of staff. The client had never received any warnings in relation to performance from her employer.

CLM Northside’s input

The client approached CLM Northside for guidance. CLM submitted a complaint to the Equality Tribunal on behalf of the client stating that our client had been discriminated against on the basis of gender, due to the fact that she was pregnant.

The complaint was communicated to the employer who wrote to CLM Northside alleging that our client had been dismissed due to poor performance. This was despite the fact that no disciplinary procedure had been undertaken by the employer in respect of this alleged performance issue.

CLM Northside represented the client at a mediation session but the parties failed to achieve a settlement. The matter was re-activated at the Equality Tribunal and the parties attended a hearing at which our client was represented by counsel and a solicitor from CLM Northside.

Impact

Due to the representations of CLM Northside, the Equality Tribunal found in our client’s favour and ordered the employer to pay her compensation amounting to a year’s pay for the discriminatory treatment suffered by our client. This was appealed by the former employer and the Labour Court, on appeal, again found in favour of our client and substantially increased the amount of compensation awarded to her.

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