A WOMAN has been awarded over €14,000 in compensation by the Equality Tribunal after it was found she had been dismissed on gender grounds because she was pregnant.

The decision by the Equality Tribunal was made in favour of Jevgenija Petrakova, an ethnic Russian from Latvia, against Lexor Entertainment ltd.

Ms Petrakova claimed that approximately two weeks after she started working with the respondent in a restaurant she attended her doctor and discovered she was pregnant.

She notified her employers in writing immediately and was out on sick leave for two weeks.

On her return she asked about her hours and was told that all staff would be called to a meeting, at which she was told the restaurant would be closing for the month of April and that only some employees would be called back.

Ms Petrakova said that she was hardly given any hours on her return from sick leave and that she spoke with a number of people in order to get herself reinstated.

She submitted that she had even undertaken to carry out other duties in the respondent restaurant just to secure some work, but her name was not called out when the company stated the names of those returning.

Ms Petrakova also made other claims against Lexor on the basis of race and sexual discrimination but these were not upheld by the tribunal.

However, it did rule that a “prima facie” case of discriminatory dismissal on gender grounds had been established and that “this inference has not been rebutted by the respondent”, who did not attend the hearing.

They were ordered to pay Ms Petrakova €14,167.92 — nine months’ salary — in compensation for the effects of the unlawful conduct.

In another case upheld by the tribunal, a Lithuanian man was awarded €2,500 in a discrimination case taken against Modulas Construction ltd (in liquidation).

The tribunal heard claims from Donatus Kemzura that the foreman who eventually fired him gave him more difficult jobs than his Irish or Moldovan colleagues, like grinding, dust-cutting or working with chemicals, and that he once told him during a break: “What are you doing here? Go home.”

In 11 other employment equality cases brought before the tribunal the claims made were not upheld.

Three cases brought under equal-status legislation were either upheld or part upheld, including one involving a Muslim woman originally from Chechnya.

She wears a headscarf and traditional clothing, in accordance with her cultural tradition, and said she was often mistaken for Roma.

Khedi Bisayeva was awarded €1,500 after the tribunal found she had been discriminated against on race grounds after she was asked to leave Pavers shoe shop in the Westend Retail Centre in Blanchardstown, where she had been trying on shoes

The tribunal dismissed claims from the security guard that a previous incident had taken place involving the woman’s son.

Employment Law Solicitor Employment Law Solicitors Employment Solicitor Dublin Equality case Discrimination case

This appeared in the printed version of the Irish Examiner Tuesday, August 16, 2011  by By Noel Baker