Notification of Vacancies During Maternity Leave – Avoiding Discrimination
Posted in : Equality Law Decisions on 16 November 2020 Issues covered: Discrimination and Equality; Maternity Leave; Failure to notify of vacancies during maternity leaveEmployee not invited to apply for manager role following maternity leave found to have been discriminated against on the grounds of gender.
In the case Gino's Italian Ice Cream Limited v Siobhan Nolan (ADE/19/76), the Labour Court recently considered whether an employee had been discriminated against on the grounds of her gender in circumstances where she was not given an opportunity to apply for a managerial position following her maternity leave.
The Complaint
The Complainant was employed by the Respondent from March 2013 until 22 September 2018. The Complainant went on maternity leave in April 2018 and was due to return to work on 30 September 2018. The
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