Claim Against Employer for Discriminatory Dismissal during Maternity Leave Fails as WRC found Employee had Resigned

The recent WRC case of Svetlana Grodzicka v Astra Leisure and Ultra Fresh Services Limited – ADJ-00029417 involved allegations of discrimination on the grounds of family status and gender. The Complainant claimed she was dismissed for discriminatory reasons while on maternity leave, in breach of the provisions of the Employment Equality Acts, 1998 and the Maternity Protection Act, 1994.

Facts: The Complainant worked for the Respondent from 27^th November 2017 until approximately 2^nd March 2020. She then commenced a new job as a music teacher in January 2020 and indicated to her existing employer (the Respondent) that she would need Tuesday, Wednesday, and Thursday off work each week to attend to this new role. She stated she could work weekends if needed but if she could not get these days off, she would leave.

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