Courts / Ireland / Report

Brazilian embassy worker awarded €13k

Summary

Nicole Marques-Montano, an administrative worker at the Brazilian Embassy, was awarded €13,554 by Workplace Relations Commission adjudicator Maire Mulcahy following a hearing on complaints under the Payment of Wages Act 1991 and the Organisation of Working Time Act 1997. The dispute originated from the embassy's refusal to provide a €1,279 monthly maternity leave top-up and its subsequent withdrawal of permission to carry forward 14 days of accrued annual leave. Ms. Marques-Montano alleged victimisation and discrimination, noting that a male colleague had previously received similar discretionary payments. The Federative Republic of Brazil, represented by solicitor Gerald Kean, denied the victimisation complaint and argued that the ministry had no provision for the top-up payment. Regarding the leave, the respondent contended that carry-over was only permitted for certified sick leave. Adjudicator Mulcahy upheld the working hours complaint, finding that the embassy retrospectively withdrew the promise to carry over leave without prior notification, which constituted a detriment. The adjudicator ordered the embassy to restore the 14 days' leave immediately and to pay €13,554 in compensation for the distress caused by the alleged victimisation. The matter was decided at the hearing stage, with the finalisation resulting in this specific financial award and leave restoration.

Who, what, where, when and why

What: Report matter: Brazilian embassy worker awarded €13k. Procedural stage: hearing_or_decision

When:

• July 2021 Other
• December 2020 Other
• 2023-10-06 Publication

Why: 42 because of the non-payment of the top-up, which had promised to her when she informed her line manager of pregnancy in December 2020. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report