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Labour Court overturns €33,600 discrimination award in work-permit appeal

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court overturned a €33,600 compensation award to Jessica Padayachee after allowing her employer’s appeal in a case involving pregnancy and a work-permit application. The determination was dated 10 August 2022.

Padayachee said David Aranda Petit Delice Limited stopped supporting her work-permit application because she was pregnant, costing her job. The employer denied discrimination and dismissal and said the application gave her monthly pay as €2,800, while her agreed salary was €2,000.

The appeal concerned gender discrimination. Padayachee’s representative told the Court that no case was being made on family status. The Court said an employer could not be required to sign an application containing inaccurate information that could expose it to prosecution or accusations of dishonesty. It found the basis for the gender complaint was not well founded and overturned the Adjudication Officer’s decision, including the €33,600 award.

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