The Labour Court rejected Ingride Matuleviciene’s appeal over her claim that Blackrock Inns Ltd T/A Rochestown Hotel dismissed her because of her pregnancy. Its determination was dated 10 February 2012 and affirmed the Equality Tribunal’s decision.
Ms Matuleviciene said she was dismissed while on maternity leave after asking about payment for a public holiday. The hotel said she had resigned when she requested her P45. The Court found, on the balance of probabilities, that she had not been dismissed. It accepted that the hotel had formed no intention to dismiss her and that an employee’s comment about a file, followed by a need to check with the manager, did not clearly communicate a dismissal. The hotel said her position remained available and invited her to return; she did not take up the offer.