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Shop which told pregnant employee to 'look better and appear happy' ordered to pay her €18,000

The Labour Court ruled that Karolina Poslajko had been discriminated against by her former employer, Kildare town-based Clelands Supermarkets Ltd.

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A SHOP OWNER who reprimanded a pregnant employee about her appearance and said that she needed to look better and appear happy has been ordered to pay €18,000 in a pregnancy discrimination case.

This follows the Labour Court finding that Kildare town-based Clelands Supermarkets Ltd must pay Karolina Poslajko €12,000 for gender discrimination and an additional €6,000 for victimisation.

The case came before the Labour Court after Clelands appealed a ruling by an equality officer who found that Poslajko was discriminated against.

However, the Labour Court not only upheld the ruling by the equality officer but tripled the initial €6,000 award to €18,000 and also found that Poslajko was victimised.

In her evidence, Poslajko said that her second pregnancy was confirmed in August 2014 and she advised her supervisor at Clelands and left a GP’s letter in the office confirming this.

Later that month, the owner of the business called Poslajko to his office and reprimanded her for allegedly making mistakes and advised that she would have to work harder.

Morning sickness

At the time, Poslajko told the Labour Court that she was suffering from morning sickness and was often uncomfortable sitting at the check-out.

A number of weeks after that meeting, the owner again called Poslajko into the office and informed her that her weekly hours were to be cut from 39 to 24 because she was, in his view, not working as hard as other colleagues.

Poslajko said that the owner also reprimanded her about her appearance and said she needed to look better and appear happy.

Poslajko went on maternity leave in March 2015. Her solicitors wrote to Clelands in July 2015 advising that Poslajko believed that the reductions which the shop had made to her hours related directly to her pregnancy and, therefore, constituted direct discrimination on the grounds of gender.

On returning to work in October 2015, the owner informed Poslajko that her hours were being reduced again and that because the business was not performing she would only have eight hours’ work per week.

Poslajko told the court that other part-time employees were getting more hours than eight hours per week at the time.

Unaware

She said that eight hours wasn’t enough to support her family and she got alternative employment and resigned from Clelands in March 2016.

In his defence, the owner told the hearing that he was unaware of Poslajko’s pregnancy before November 2014 and, therefore, any disciplinary action or reduction in her hours which took place prior to that are unrelated to the pregnancy.

He told the court that he had never had sight of the GP’s letter confirming Poslajko’s pregnancy.

In its determination, the court found Poslajko’s evidence to be credible and coherent.

The court also found that it was simply not credible for the owner to claim that he was unaware of her pregnancy for some months after August 2014 and that he had never had sight of the letter from the GP.

The court found that Clelands had not produced any documentary evidence that demonstrated that it engaged in a bona fide disciplinary process to address alleged underperformance by Poslajko.

It found that she had made a prima facie case that the initial reduction in hours was a consequence of her pregnancy and that Clelands has failed to adduce any evidence that rebuts the claims advanced.

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    Mute RI Twing
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    Jul 25th 2014, 1:08 PM

    At last – a Minister with some stones in his boxers.

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    Mute Repeating history
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    Jul 25th 2014, 10:48 PM

    He might have to eat those boxers if O’Bama decides to amend US tax law as the Minister has recommended

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    Mute Amy gaffney
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    Jul 25th 2014, 1:04 PM

    Magically becoming Irish suits O’Bama when there’s an election looming

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    Mute fergusOB
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    Jul 25th 2014, 2:02 PM

    Well said minister

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    Mute Ben Fewkes
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    Jul 25th 2014, 4:53 PM

    I see what you did there.

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    Mute ISBA
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    Jul 26th 2014, 1:45 AM

    Bruton of course is not telling the full story. Truth is Ireland has entered into several deals and endorsed what amounts to a Three Card Trick Corporation Tax Regime. We pointed the risks of our flawed tax regime out to Enda Kenny on the day he became Taoiseach but received no response. Now several US Senators, the Californian governor and Barrack Obama are railing against Ireland’s behaviour. M/s Bruton & Kenny are fully aware of what is required to create real lasting jobs in Ireland. They won’t correspond or debate, these guys continue to erode the future of our children and the very socio-economic
    fabric of out society.

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    Mute Mrs Shalakalananaka
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    Jul 25th 2014, 1:18 PM

    We should announce we’re changing it and then lower it just to piss him off more.

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    Mute Repeating history
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    Jul 25th 2014, 10:50 PM

    It’s not the rate that matters it’s the allowance of royalties and other similar which are important

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    Mute phil
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    Jul 25th 2014, 1:12 PM

    Obama can’t close them loopholes. If he does who is going to fund the midterm elections. He likes to talk like he wants too but he wont.

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    Mute RI Twing
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    Jul 25th 2014, 1:17 PM

    He is seeking the domestic redneck vote that is all. Like all politicians decieve as to the power they have and as to the amount thet really give an carp about the great unwashed.

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    Mute Richard Rodgers
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    Jul 25th 2014, 1:45 PM

    Phil
    You must have studied then economicks for a cosidderabke period!

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    Mute Endeus™
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    Jul 25th 2014, 3:08 PM

    So the ultimate bastion of capitalism is not happy with the ultimate expression of capitalism, i.e. avoid as much tax as possible. You reap what you sow

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    Mute O'Reilly
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    Jul 25th 2014, 3:06 PM

    Spot on. It’s OBama’s problem to solve…

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    Mute Thors Big Hammer
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    Jul 25th 2014, 1:42 PM

    Bruton is a bit of a muppet if Obama sorts out the issue at home ireland will become a wasteland in the next 10yrs.

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    Mute Thors Big Hammer
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    Jul 25th 2014, 1:47 PM

    As I said previously with the EU and USA eventually going to push the irish government on the tax that will be it for ireland.

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    Mute Joe
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    Jul 25th 2014, 1:51 PM

    Prez Obama does not have the votes to do anything and when he loses the Senate he will have even less power.
    He name checked Ireland as a home of inversions yet of the three recent attempted deals by Pfizer, Abbvie & Medtronic only 1 involved moving domicile to Ireland.

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    Mute John Flood
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    Jul 25th 2014, 3:56 PM

    What Ireland ignores is this home truth: “What goes around, comes around.” Someday, when the multinationals move on, we’ll wonder what happened. (See the empty workplaces where our high labour costs drove out the companies!)

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    Mute Jim Hartnett
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    Jul 25th 2014, 8:36 PM

    High Labour costs? What planet are you living on?

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    Mute Repeating history
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    Jul 25th 2014, 10:53 PM

    Minimum wage €8.65 add on employers prsi up to another 10.75%

    = high labour costs

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    Mute Jim Hartnett
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    Jul 26th 2014, 12:30 AM

    Household tax.
    USC.
    VAT rate of 23%.
    Water tax.
    Fuel tax.
    PRD (public service)
    €8,000,000,000 interest on gambling debt yearly.
    Just to name a few. Good luck with trying to survive on €8.65/hour with a mortgage and family or maybe such things don’t exist in your ivory tower?

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    Mute Jim Hartnett
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    Jul 25th 2014, 7:51 PM

    Next time Obomber turns up here he can pay for his own pint.

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