A nurse who said she was denied a permanent contract because she was pregnant has won over €56,000 for maternity discrimination after her former employer and its lawyers abandoned a maternity rights hearing over how the name of the firm was filled out on the complaint form.
The award, worth two years' pay to the worker, was set at the maximum of the Workplace Relations Commission ’s jurisdiction under the Employment Equality Act 1998 on the basis that the employer had failed to put forward any argument that it should be"anything less".
However, her position was that it was only when she made this approach that Riada Care informed her it did not plan to offer her a permanent contract when her temporary contract expired on 4 August that year. "She ultimately had no choice but to accept this offer given her advanced pregnancy at the time and her view that it would be difficult to source alternative employment elsewhere," her INMO rep Bernadette Stenson submitted.
Ms Bruton submitted that that as the Glenashling Nursing Home was"not a legal entity" the complaint was"invalid" and the adjudicator, Breiffni O’Neill, had no jurisdiction. "Prior to their departure from the hearing room, I informed Ms Bruton BL once again that I was reserving my position on whether or not to amend the name of the respondent and would be proceeding with the hearing," wrote Mr O’Neill in his decision.
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