EDA2137

FULL RECOMMENDATION

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015

PARTIES :

MR ANTHONY MORAN

- AND -

MS MAGDALENA KANIK

DIVISION :

SUBJECT:

1.Appeal of Adjudication Officer Decision No(s) ADJ-00016437 CA-00020604-003

BACKGROUND:

2.The Employer appealed the Decision of the Adjudication Officerto the Labour Court on 9 December 2019 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 12 October 2021. The following is the Determination of the Court:-


DETERMINATION:

This is an appeal by Mr Anthony Moran (the Respondent) against an Adjudication Officer’s Decision ADJ-00016437 given under the Employment Equality Acts 1998 (the Acts) in a claim by Magdalena Kanik (the Complainant) that she was discriminated on the grounds of family status and gender. The Adjudication Officer held that the complaint on the grounds of family status was misconceived and upheld the complaint of discrimination on the gender ground. This case is linked to RPA/20/15 where the Court has determined that the Complainant was made redundant with effect from 7^thJanuary 2018.

Background

The Complainant started working for the Respondent on 10^thSeptember 2012 at his gift shop in Dublin. On the 1^stMay 2017 the Complainant went on maternity leave. The Complainant’s maternity leave expired on the 31^stOctober 2017, and she was due back in work with effect from 1^stNovember 2017. The Complainant went on sick leave at that point and submitted medical certificates to cover her absence. The shop closed in early January and officially ceased trading on the 7th January 2018.

The Complaint was lodged with the WRC on the 17^thJuly 2018. The reckonable period for the purpose of the Act is 18th January 2018 to the 17^thJuly 2018.

Complainant’s case

At the start of the hearing the Complainant indicated that she was no longer claiming discrimination on the family status ground. The Complainant was unable to identify a breach of the Act on the gender ground within the cognisable period and accepted that her employment had ended by way of redundancy on the 7^thJanuary 2018.

Respondent’s case

The Respondent disputed that the Complainant was discriminated against at any time.

Determination

The Complainant was unable to identify any breach of the Act during the reckonable period and therefore, her complaint must fail.

The decision of the Adjudication Officer is overturned.

The Court so determines.

NOTE

Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.