Karpicz v Graham O'Sullivan Restaurants Ltd (Approved) (Rev1) [2024] IEHC 432 (17 July 2024)

Karpicz v Graham O'Sullivan Restaurants Ltd (Approved) (Rev1) [2024] IEHC 432 (17 July 2024)

The issuing of a P45 to the plaintiff, a pregnant employee, without explanation and in the context of her pregnancy and sick leave, constituted a dismissal. The employer failed to justify the dismissal or provide substantiated grounds as required by law. The dismissal was therefore discriminatory on the grounds of pregnancy, entitling the plaintiff to compensation for financial loss and distress.

Citation
[2024] IEHC 432
Parties
Plaintiff/respondent: Renata Karpicz; Defendant/appellant: Graham O'Sullivan Restaurants Limited
Jurisdiction
Ireland
Judgment Date
17 July 2024
Procedural Posture
Circuit Appeal / Judgment on Appeal
Outcome
appeal dismissed; award to plaintiff upheld
Legal Topics
Pregnancy Discrimination, Dismissal, Compensation, Employment Equality, Burden of Proof, Maternity Rights
Employment Law Equality Law Discrimination Law Pregnancy Discrimination Dismissal Compensation Employment Equality Burden of Proof +1 more

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Parties

Renata Karpicz

Plaintiff/respondent

Graham O'Sullivan Restaurants Limited

Defendant/appellant

Procedural Posture

Circuit Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the issuing of a P45 to a pregnant employee constituted a dismissal under the Employment Equality Act 1998
  2. 2 Whether the dismissal was discriminatory on the grounds of pregnancy
  3. 3 Whether the employer discharged the burden to justify the dismissal

Ratio Decidendi

The issuing of a P45 to the plaintiff, a pregnant employee, without explanation and in the context of her pregnancy and sick leave, constituted a dismissal. The employer failed to justify the dismissal or provide substantiated grounds as required by law. The dismissal was therefore discriminatory on the grounds of pregnancy, entitling the plaintiff to compensation for financial loss and distress.

Court Disposition

appeal dismissed; award to plaintiff upheld

Orders

  • Defendant to pay compensation of €66,502.28 to the plaintiff for discriminatory dismissal and its effects.
  • Defendant to pay costs of the proceedings to the plaintiff.