by Greta Siskauskaite, Solicitor, Employment law at Fieldfisher LLP (Ireland)
In a recent decision (ADJ-00051379), an employee was awarded €68,000 (approximately 12 months’ salary) after the Workplace Relations Commission (WRC) found she was discriminated against following her return from maternity leave.
The Complainant alleged she was demoted upon her return from maternity leave when she was placed into a new position. The Employer argued that the new role was necessary due to organisational changes and workload pressures.
The WRC Adjudicator concluded that the Complainant was indeed discriminated against on the grounds of gender by not being returned to her previous position following maternity leave, as required by Section 26 of the Maternity Protection Acts. The Adjudicator found that the Complainant was not reinstated to her original role and was instead demoted to a lower-level position, which was presented to her as a fait accompli. Factors noted by the WRC Adjudicator included the change in title from “manager” to “lead” and the change in reporting line away from director level. Notably, this decision was made notwithstanding that the grade and pay was the same for both positions.
In arriving at the €68,000 award, the WRC Adjudicator referred to the importance of “a real deterrent against future infractions“.
The WRC decision can be accessed here – ADJ-00051379 – Workplace Relations Commission
This case underscores the importance of fair treatment for employees returning from maternity leave and the need for employers to handle any proposed changes to employee roles with extreme care. The decision serves as a reminder of the legal protections in place to prevent gender discrimination in the workplace in the context of employees returning from maternity leave.
About the author
Greta Siskauskaite specialises in the area of employment law and advises on both contentious and non-contentious employment matters at Fieldfisher LLP (Ireland).
Greta provides both commercial and best practice advice to employers and employees on all matters relating to employment law. This includes bringing/defending claims to the Workplace Relations Commission/Labour Court, advice on contracts and employee handbooks, internal company procedures, discrimination, redundancy and TUPE.
Greta’s experience includes assisting both private and public sector clients.
Greta regularly attends Employment Law Seminars to ensure that she remains up to date on relevant legislative developments.
Greta hold’s a Bachelor of Business and Law Degree from NUIM and a Diploma in Employment Law from the Law Society of Ireland.
