Tribunal awards woman €28,000

A woman who was moved from a senior human resources (HR) role to a junior telesales role following her return from maternity leave has been awarded €27,800 in compensation.

Hazel Cosgrove of Daarwood, 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 today.

The claimant who had 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.

Following her return to work in January 2009 she was asked to work in the company's telesales department with no obvious return to the HR 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 HR department. The claimant went on sick leave for work-related stress shortly after returning to employment and resigned her position in April 2009.

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

The tribunal's chairman Sandra McNally said she could understand why the claimant had resigned her position 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 that 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 had submitted her resignation.

Separately, three individuals have been awarded compensation totalling a combined €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 an Employment Appeals Tribunal in January.

Steven Woulfe of Valley Park Road, Finglas, Dublin 11 was granted compensation of €45,000 against the firm under the Unfair Dismissals Act and a further €2,200 under the Minimum Notice and Terms of Employment Acts.

Rory Creighton of Kylemore Avenue, Ballyfermot, Dublin 10 was awarded compensation of €44,000 and a further €5,000 under the same acts while Leon Maxwell of Claddagh Road, Ballyfermot, Dublin 10 received compensation of €31,300 and a further €3,300.