Latest in Employment Law>Case Law>Lana Gavrilova v Kristaps Slakters t/a Hot Scissors Hair Studio [2012]
Lana Gavrilova v Kristaps Slakters t/a Hot Scissors Hair Studio [2012]
Published on: 14/09/2012
Issues Covered: Dismissal Discrimination Pay
Article Authors The main content of this article was provided by the following authors.
Legal Island
Legal Island
{}
Background

The complainant was pregnant when she commenced employment with the respondent as a homeworking beautician. There were conflicts of evidence on whether the complainant fulfilled appointments, was genuinely on sick leave during the protected period, particularly in relation to an allegation that she was seeing clients when supposed to be sick leave, and whether there were altercations with members of her family visiting the workplace.

The complainant had received a number of warnings but the respondent had delayed a final written warning until after the baby was born and this was accompanied by a letter of dismissal.

As in other protected period cases, the Tribunal emphasised that it is only in exceptional circumstances that dismissal during the protected period will not amount to direct gender discrimination. Having broadly accepted the complainant’s version of events, the Tribunal decided that the burden of proof had shifted to the respondent. Given that they had failed to give the complainant an opportunity to improve before dismissing her, the Tribunal concluded that this was a discriminatory dismissal and awarded the complainant €7,000.

http://www.equalitytribunal.ie/Database-of-Decisions/2012/Employment-Equality-Decisions/DEC-E2012-092-Full-Case-Report.html

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 14/09/2012
Q&A
Legal Island’s LMS, licensed to you Imagine your staff having 24/7 access to a centralised training platform, tailored to your organisation’s brand and staff training needs, with unlimited users. Learn more →