In this case during the ‘protected period, under the Pregnant Workers Directive 92/85, the Equal Treatment Directive and sections 6 and 8 of the Employment Equality Acts.
The claimant had visited the workplace with her baby during her maternity leave. The Tribunal accepted the “consistent and credible accounts” of the respondent’s witnesses that some discussion took place over whether she could change her working hours and the manner of her future payment, although the complainant disputed this.
However, in line with decisions such as Parcourt Ltd t/a Café Viena v A Worker EED0211 and also Dollymount Creche & Montessori v Finnerty EED034, there is a heavy onus on an employer to have indisputable evidence that a worker is resigning before issuing a P45 during the protected period. In this case, there was insufficient evidence of this intention on the part of the complainant. The respondent had failed to resolve all possible doubts on this and, in the absence of a clear, unambiguous resignation by the complainant, should not have issued the P45.
In light of the circumstances of the case, the complainant was awarded €4,500, being approximately 3 months’ salary.
http://www.equalitytribunal.ie/Database-of-Decisions/2012/Employment-Equality-Decisions/DEC-E2012-056-Full-Case-Report.html
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