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Pregnant employee unlawfully dismissed without explanation
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High Court determines that the delivery of a P45 to a pregnant employee without explanation constituted an unlawful dismissal, and that the employer's actions, including the advertisement of the plaintiff's position the day after the P45 was issued, were deliberate and discriminatory; and the court emphasises that the burden of proof shifted to the employer to justify the dismissal, which it had failed to do.
Employment Equality Act 1998 - Workplace Relations Commission (WRC) - pregnancy discrimination - dismissal - P45 - maternity leave - sick leave - social welfare benefits - Circuit Court - High Court - compensation - employer-employee relationship - burden of proof - direct effect - Council Directive 92/85/EEC (Pregnancy Directive) - European Court of Justice - Jiménez Melgar v Ayuntamiento De Los Barrio, -substantiated grounds - administrative error - Labour Court - Employment Appeals Tribunal (EAT) - discrimination on the grounds of gender - redress - deterrent effect.
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