The Labour Court overturned the rejection of Ms Svetlana Grodzicka’s pregnancy discrimination complaint and awarded her €17,160. In a determination dated 2 May 2023, the Court found Astra Leisure discriminated against her on the gender ground by ending her employment during maternity leave.
Ms Grodzicka said she had not resigned and expected to return to work after maternity leave. Astra Leisure did not attend the appeal hearing or make submissions. The Court accepted that she was the only employee dismissed in the period and that there was no evidence colleagues were pregnant or on maternity leave. This created a presumption of discrimination, and Astra Leisure did not rebut it. Because the company was understood to have ceased trading, the Court awarded compensation of 104 weeks’ pay, based on her average weekly wage of €165.