The complainant began her employment with the respondent in January 2009. By July that year she was pregnant and on extended sick leave running directly into her period of maternity leave. There was a dispute as to when, and indeed, whether the respondent had been informed of her pregnancy. The respondent ultimately issued her with her P45 indicating that she had ceased her employment on 19 July 2009. The Equality Officer found that the complainant had informed the respondent of her pregnancy at the appropriate time and was unconvinced by the assertions of the respondent that she had terminated her employment by not attending work. The complainant’s allegations of discrimination on the gender ground were upheld and she was awarded €10,000. The allegations on the disability ground were found to be unsubstantiated and were not upheld. Why is this case of interest?  This case is another example of the cogent evidence an employer will be expected to present in such circumstances. It has long been the case that mere assertions have been insufficient to establish a case to the benefit of a complainant. This case indicates that mere assertions are also insufficient for a respondent to rebut a prima facie claim of discrimination.

Find the Decision here: http://www.workplacerelations.ie/en/Cases/2013/August/Dec-E2013-096- Full_Case_Review.html