Nicole Marques Montano v Federative Republic of Brazil [2023]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Policies and Procedures, Pay
Issues covered: Gender Discrimination – Victimisation - Pay during maternity leave – Annual leave


The Complainant has been employed by the Respondent, the nation of Brazil, in its Irish embassy as a support auxiliary worker since 21 March 2020. The Complainant went on maternity leave from 1 August 2021 to 9 February 2022. The Complainant expected that the Respondent would pay her a “top up” payment of €1279 per month which would make up the difference between the state maternity benefit and her typical monthly salary. The Complainant and a colleague gave evidence that such a payment had been made to others in a similar position, including another woman on maternity leave and a man who was on sick leave. However, the Respondent told the Complainant she would not be entitled

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This article is correct at 11/10/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Paul D Maier BL

The main content of this article was provided by Paul D Maier BL.

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