The Complainant left her position with the Respondent in February 2017 to take up a part-time position with another company. She was then contacted by the Respondent’s Sales Director who asked if she would she return to employment with the Respondent.  The Complainant recommenced employment with the Respondent in September 2017 on a part-time basis, as she had child-care responsibilities that needed to be catered for. The Complainant alleged that she had been subjected to discrimination on grounds of disability, gender and family status.

The Complainant worked with the Respondent until early June without any issue and understood that management was satisfied with her performance and her part-time status. In June 2018, the Complainant was allegedly subjected to harassment by the Sales Director of the company. The Sales Director informed the Complainant that she was known as ‘Dementia Girl’ in the office.  The Complainant submitted that this derogatory nickname was particularly hurtful taking into account the medical condition of the Complainant’s aunt and her concerns in respect of her mother. The Complainant had taken annual leave from the 7th of August to the 4th of September. She stated that she was stressed and anxious in advance of her return to work as a result of the conduct of the Sales Director.

At her annual review with the company, the Complainant was advised that the company did not feel that the part-time position was “working out” and indicated that they wanted her to work on a full-time basis instead. The Complainant informed the Respondent that she could not agree to working full-time. The Managing Director then sent the Complainant a detailed letter by e-mail which contained a number of claims that she said were factually incorrect, such as the claim that the Complainant had resigned with the company. The Complainant also claimed that the Respondent refused to engage with her repeated requests to be provided with documentation and information to which she was lawfully entitled, including her P45 and written confirmation of her dismissal.

The Respondent stated that over time it became increasingly apparent that it was not possible for the Complainant to fit the demands of the job into the confines of her working hours. The Respondent denied all allegations made by the Complainant and submitted that at all relevant times it had no knowledge, actual or constructive, of any disability that the Complainant had.

The Adjudication Officer found that the Complainant had been indirectly discriminated against on grounds of gender and family status in the manner of her dismissal (not disability) and so was awarded €38,000 in compensation, which equated to one year’s salary.
https://www.workplacerelations.ie/en/cases/2019/august/adj-00017070.html