A recent decision by the Workplace Relations Commission (WRC) awarded €50,000 in compensation to a new mother who was denied a request for part-time hours following her return from maternity leave.
This story serves as a reminder to employers that consistency is key when it comes to recruitment and employee relations. So, what happened?
Details of the discrimination case
The complainant, a new mother, asked her employer if she could work part-time hours upon returning from maternity leave. Her employer, a security firm, refused the request and told her that this decision was made on the basis that "part-time was never done in the office”.
During the WRC case, however, it emerged that two daughters of the CEO were working on a part-time basis.
Additionally, the complainant stated that she had been marked as absent on days that she had been attending ante-natal appointments in the Coombe hospital, while another pregnant employee in the company got paid for these appointments.
The inconsistencies surrounding both the part-time policies within the company and the withholding of bonus pay for medical appointments contributed to the WRC adjudicator’s decision that the employee had been discriminated against on the grounds of gender and family status. The employee has been awarded €50,000 in compensation.
Avoiding a discrimination claim: what do employers need to know?
As an employer, it's crucial to be fully aware of your legal obligations when it comes to recruitment and employee management.
This case highlights the importance of maintaining consistency in your treatment of your employees. Treating one employee in a certain way, but treating a second employee very differently, could lead to an incident of discrimination in your workplace.
That’s why it’s so important to have comprehensive policies and documentation in place. If your policies are procedures are documented correctly, and all parties are aware of their rights and obligations, the risk of discriminatory behaviour is reduced.
