Woman gets €15,000 for 'distress suffered'

A woman who claimed that she was given a different job, after returning from maternity leave, has been awarded €15,000 by the Equality Tribunal.

Patricia Gardiner went on leave from her post as facilities manager at Mercer Human Resource Consulting from June to December 2003.

She claimed that when she resumed work, she did not return to the post she held previously, and argued that the company's actions constituted less favourable treatment of her contrary to the Employment Equality Act 1998.

The company insisted that she had returned to the same post, under the same terms and conditions of employment, and with the same salary.

The tribunal found that the company had discriminated against Ms Gardiner "on the grounds of gender and family status", and awarded her €15,000 in compensation for the distress suffered.

The company was also ordered to put in place a mechanism to ensure employees who were absent on any sort of statutory leave, but maternity leave in particular, were advised of any issues which had a potential to impact on their employment.

Lesley Maye had a claim of discrimination on gender grounds upheld against ADM Ringaskiddy. She was awarded €13,981 in compensation.

She claimed that after furnishing a medical certificate, recommending that she be given daytime and light duties during her pregnancy, her employer had put her off work and it was only with the intervention of Siptu that she got a limited period of daytime light work.

The company argued that there was no suitable alternative work.

A number of claims by the Travelling community against publicans, on the grounds of refusal of service, was rejected by the director of equality investigations.