The Workplace Relations Commission (WRC) recently awarded €45,000 to Ann Doherty, a social care worker. The ruling came after St John of God Community Services discriminated against her during the Covid-19 pandemic. This case highlights the importance of fair treatment for employees, especially those with family responsibilities and health concerns.
Case Summary: Unfair Treatment During Covid-19
The WRC found that St John of God Community Services treated Ms. Doherty unfairly. While pregnant and caring for a one-year-old, she was denied the option to work from home. Meanwhile, colleagues without childcare duties or pregnancy-related needs were allowed to work remotely.
Adjudicator Kevin Baneham ruled that this exclusion directly discriminated against Ms. Doherty based on her gender and family status. He stated that the employer failed to provide her the same flexibility as others, despite her ability to work from home.
Discriminatory Practices Highlighted
During March and April 2020, Ms. Doherty was given tasks to complete at home despite being on sick leave. In contrast, her colleagues worked remotely under less stressful conditions.
Ms. Doherty had no access to childcare due to her child’s creche closure. She had no option but to take sick leave. Yet, her employer did not provide her with a remote work option, even though others had it.
How the Discrimination Affected Ms. Doherty
The discrimination impacted Ms. Doherty in several ways:
- Mental Health: The unfair treatment caused significant stress and worsened her mental health.
- Career Loss: Ms. Doherty resigned in November 2021, feeling humiliated and unsupported. She loved her job and hoped to stay for years.
- Pregnancy: The stress during early pregnancy likely contributed to health issues later, as noted by the adjudicator.
Ms. Doherty described the situation as coercive and humiliating. She stated that the experience shattered her confidence and forced her to seek part-time work elsewhere.
WRC Ruling
The WRC ruled in favor of Ms. Doherty, awarding €45,000 under the Employment Equality Act. Adjudicator Baneham praised her clear and compelling evidence. He emphasized that discrimination causes harm beyond financial loss, especially for someone as vulnerable as Ms. Doherty.
Key Lessons for Employers
This case serves as a reminder for employers to:
- Apply remote work policies fairly to all employees.
- Support workers with family responsibilities or health needs.
- Follow employment laws to avoid discrimination and legal disputes.
What Employees Should Know
If you experience discrimination, seek advice to understand your rights. Agencies like the WRC can help ensure fairness and justice.
Conclusion
This case demonstrates why fairness and equality in the workplace matter. Employers must consider the needs of all employees, especially in challenging times like the pandemic. Fair treatment fosters a healthier, more productive workplace for everyone.
Need help with workplace issues? Employment Matters provides expert legal advice on workplace rights and discrimination claims. Contact us today for personalized support.
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