The Labour Court upheld a €10,000 award to Regina Cruise for pregnancy-related discrimination and awarded her a further €10,000 for harassment. It directed Nail Zone Ltd to pay €20,000 in total. The determination was dated 10 November 2010.
Cruise, a nail technician, said Nail Zone changed her day off to coincide with a pregnancy-related hospital appointment without the agreed two weeks’ notice. She also alleged abusive treatment and that the company contacted her GP about a medical certificate. Nail Zone denied discrimination and harassment, saying roster changes were driven by business needs.
The Court found Nail Zone changed her day off despite knowing about the appointment. It also found that the company’s contact with her GP went beyond checking the certificate’s duration, and that abusive calls and other conduct violated her dignity and amounted to harassment. Nail Zone failed to prove its treatment was unconnected with her pregnancy. The Court rejected Cruise’s constructive dismissal claim because she unreasonably refused the company’s offer to meet and discuss her grievances. No part of the €20,000 award was for financial loss.