This case involved a claim of victimisation by the complainant. The complainant alleged that she had been dismissed, by the respondent, a day after she had instituted proceedings against them.

The complainant had gone on maternity leave in 2012 and on her return was advised her previous job had been made redundant due to restructuring within the company. She was placed in a new role within the company. However, five months after she took up her new role she demanded her old job back and sent an email to her employer setting out her concerns. A meeting was subsequently arranged at which available employment options were outlined to the complainant.

She was allowed a week to respond to the proposals but did not do so. Instead, she filed a complaint with the Equality Tribunal and the employer was notified of same on the 22nd February 2013. On the afternoon of receiving the notification the employer, through its Managing Director, wrote to the complainant stating that she was entitled to a redundancy as her original role had been made redundant and she had rejected her alternative role.

The Court held that, given the proximity of the two events, the complainant had established facts from which it may be presumed that there had been discrimination in relation to her. The Managing Director also admitted that the notification of the complaint had somewhat influenced her decision to give effect to the redundancy. The Court stated that to victimise an employee for making a complaint is a very serious matter which the Court cannot condone. Accordingly, the Court awarded her the sum of €25,000 compensation.
http://www.workplacerelations.ie/en/Cases/2018/January/EDA182.html