Manager demoted after pregnancy awarded €27,800

A WOMAN who was moved from a senior human resources role to a junior telesales role after returning from maternity leave has been awarded €27,800 in compensation.

Hazel Cosgrove of Gortboy, Newcastle West, Co Limerick, was awarded the sum against Mallow-based computer firm Kellor Services, in a case of constructive dismissal heard by the Employment Appeals Tribunal last year. The determination was published yesterday.

The claimant, who worked for the company’s UK branch since 2001, became pregnant in 2007 and asked to work part-time, but was refused as there were no such positions available.

When she returned in January 2009, she was asked to work in the telesales department with no return to the human resources section expected. Ms Cosgrove expressed dismay at being moved from a managerial role to an entry-level position, but said she was told it would do her “no favours” to discuss the issue with the firm’s human resources department.

The claimant went on sick leave for work-related stress shortly after returning to employment and resigned in April 2009.

The tribunal said it was satisfied the claimant had previously been employed in a human resources role before becoming pregnant.

The tribunal said the evidence showed that other staff members had returned to their former roles from maternity leave whereas there had been no resolution to Ms Cosgrove’s situation.

Tribunal chairman Saundra McNally said she could understand why the claimant had resigned, given that she was refused the opportunity to work part-time, but was not allowed to return to her former full-time role.

The tribunal found the claimant was constructively dismissed and was awarded €27,800 in compensation. However, the claimant’s appeal for redundancy pay and compensation were dismissed as she submitted her resignation.

Separately, three individuals have been awarded compensation totalling €130,800 in unfair dismissal cases against their former employer. The sums were all awarded against Europlan, a Dublin-based firm which designs and manufactures office furniture.

The three were all found to have been unfairly selected for redundancy by the Employment Appeals Tribunal in January.