Annual Report 2004.pdf - Equality Authority

was dismissed and submitted that heremployment was not permanent, thatshe was on a fixed-term contract andthat her employment terminated on theexpiry of the contract.The Equality Officer awarded €10,000 inrespect of the distress caused by thediscrimination and the stress relating tothe necessity to pursue her claim. Theclaimant made a claim ofdiscriminatory dismissal to the LabourCourt. The Labour Court found that theclaimant’s employment was on apermanent basis and was satisfied thatshe was constructively dismissed.The Labour Court was satisfied that thedismissal occurred in circumstancesamounting to victimisation andawarded her compensation of €9,000.2. Pregnancy and Maternity Leavea) The claimant was subjected todiscriminatory treatment from heremployers, including effectivedemotion, following the announcementof her pregnancy and was ultimatelyforced to resign from her employment.Following a hearing on thediscrimination case in the ODEI -Equality Tribunal she was awarded€15,000 in compensation on 11September 2003. The decision wasappealed by the employer.The claimant had also lodged acomplaint of constructive dismissalwith the Labour Court. However beforethe hearing was due to be held therespondents agreed to pay the original€15,000 in compensation plus a further€5,000 as a termination payment.b) An employee who had a position ofresponsibility had this position takenfrom her as a direct result of going onmaternity leave. She was re-instated inthe position following correspondencefrom the Equality Authority. Theemployee also succeeded in obtaining‘progress across the bar’ which she hadpreviously been informed would beaffected because of going on maternityleave.c) A claimant was employed by a firm ofsolicitors and was dismissed because ofher pregnancy. The case was initiated inthe Circuit Court. A substantialconfidential settlement in the region ofa year’s salary plus costs was agreedwith the company.3. Taxation of Discrimination AwardsA significant settlement related to thepractice of the Revenue Commissionersto deduct tax from non pay relateddiscrimination awards.Jacqui McCarthy was awarded €25,000in the Labour Court for hervictimisation case against Dublin CityEquality Authority Annual Report 2004 • 45