This case involved a claim that the complainant was discriminated against on grounds of race, civil status, family status and gender. She submitted that after she informed her employer that she was pregnant, and requested paid time off, her hours were dramatically reduced. Subsequently, when her three month trial contract of employment terminated she was placed on an additional six month trial period.

Following the completion of this contract, she was dismissed based on the allegations that the respondent had received complaints regarding her work, and that she was less competent than other workers. They submitted that they feared that they could not dismiss her following her three month trial period as she was pregnant and waited until her additional contract expired.

The Court found that no supporting evidence accompanied the respondent’s claim of complaints, nor were any such complaints were communicated to the complainant. Accordingly, the Court found that the burden of proof under the Act had not been discharged inferring that the complainant was dismissed under the guise of a non-renewed fixed-term contract. Therefore, it was found that the complainant was dismissed on grounds of gender.

The Court ordered the employer to pay the complainant compensation in the sum of €10,000 for the unlawful discrimination, victimisation and dismissal determined in this case. The complainant had been awarded €5,000 in the original Adjudication Officer hearing.

https://www.workplacerelations.ie/en/Cases/2016/August/EDA1625.html