Eleanor Merriman v Edenderry Swimming Pool Limited [2012]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination
Issues covered: Employment Equality Acts; Discriminatory Dismissal; Gender; Family Status; Maternity Leave; Prima Facie Case

This case involves the dismissal of the complainant on the day after her maternity leave ended and while she was still on agreed annual leave. An apparent attempt to terminate the complainant’s employment during her maternity leave was withdrawn but she refused to attend a meeting with the Board of the Swimming Pool during that time. 

Although her dismissal had occurred immediately after the end of her maternity leave, the Tribunal relied on the ECJ case of Paquay v Société d'Architeches Hoet + Minne SPRL (Case C-460/06) to reverse the burden of proof against the respondent. This was on the basis that Article 10 of the Pregnancy Leave Directive "must be interpreted as prohibiting not

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This article is correct at 20/07/2012

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