€45,000 Award in Parent’s Leave Penalisation Claim

This claim arose when an Employee who had recently joined the Respondent’s operation applied for and was granted parent’s leave. He alleged that he was subjected to adverse treatment on his return to work from parent’s leave and that this amounted to discriminatory treatment on the grounds of family status as well as penalisation under the Parent’s Leave and Benefit Act.

The Respondent’s failure to provide direct evidence explaining its decision-making process concerning the Complainant’s treatment on his return to work ultimately decided the matter in the Employee’s favour.

The decision and level of compensation highlight the importance of taking particular care when an Employee returns from a period of protected statutory leave. Changes to an Employee’s role, reporting arrangements, responsibilities, access to workplace communications or performance management processes should be capable of being objectively justified and should not be connected to the Employee having exercised their statutory entitlement.

To learn more about partnering with Adare Trusted People Partners’ Leading HR & Employment Law Experts, please contact Neil McCormack nmccormack@adarehrm.ie today.