The WRC awards nearly two years’ remuneration for discrimination and failure to consider a part-time work request following maternity leave

At a glance

• In a decision that issued earlier this year the Workplace Relations Commission (WRC) upheld a claim for discrimination on grounds of gender and family status following the denial of an employee's part time work request post maternity leave.
• The Adjudicator awarded the Complainant EUR50,000 in compensation, just under the statutory maximum of two years’ gross remuneration.

Background

• The Complainant brought a claim to the WRC alleging discrimination and discriminatory constructive dismissal.
• The Complainant was an accounts administrator who was employed by the Respondent for over two years.
• The Complainant commenced maternity leave in January 2024 and was due to return to work in September 2024. 

Part-time work request

Prior to the Complainant's return to work following their maternity leave, they arranged a meeting with their manager to request part time work. The Complainant gave evidence that during this meeting:

• their manager stated, "she knew she [the Complainant] was going to request this"', and "everyone has kids";
• she was informed that part-time work was only available if the Complainant had medical issues; and
• she was informed that part-time employment "did not work" for the Respondent and that it would not be accommodated in any other department.

Five days after this meeting, the Complainant emailed her manager to inform her that she would not be in a position to return to work if part time work could not be accommodated. The Complainant's received a response within 40 minutes to accept her resignation.

The Respondent's position was that the Complainant's part-time request was considered and declined on operational grounds. The Respondent initially denied that it employed part-time workers. However, during cross examination it was revealed that relatives of the CEO were employed on a part-time basis.  The Adjudicator commented that this opportunity was not even considered for the Complainant.

Findings of the Adjudicator

The Adjudicator found that the Complainant was discriminated against on the grounds of gender and family status.

The Adjudicator’s decision highlighted the Respondent’s lack of meaningful engagement with the Complainant on return to work options and its failure to justify why a part time employee would not be of assistance, particularly as the role remained vacant.

The Adjudicator also referenced the fact that the Respondent failed to pay the Complainant for time off to attend ante-natal appointments and did not seek to rectify this. The Adjudicator found that it was clear from the Respondent's evidence that there was a lack of knowledge regarding the protection afforded to pregnant employees.

Award

The Adjudicator did not consider reinstatement or reengagement appropriate in this case. In awarding compensation, the Adjudicator highlighted the need for a dissuasive effect on the employer and made an award of EUR50,000, just under the maximum compensation of two years gross remuneration, given the Complainant's salary of EUR26,000 (including bonus).

Conclusion: What went wrong?

It is clear from this decision that the Respondent failed to properly consider or engage with the Complainant’s part-time work request, dismissing it without genuine justification and overlooking existing part-time arrangements for others. This decision emphasises the importance of considering part time work requests.

Key takeaways for employers 

• Give full and fair consideration to all part-time work requests.
• Meaningfully engage with employees on part time work options following maternity leave.
• If a part-time request is declined, clearly document and communicate the business justification.
• Stay mindful of legal obligations for pregnant employees.
• Ensure equal treatment for employees.