Belfast Telegraph

Monday 20 October 2014

Woman fired in pregnancy wins claim

A waitress fired from a restaurant when she was pregnant has been awarded more than 14,000 euro in compensation

A waitress fired from a restaurant when she was pregnant has been awarded more than 14,000 euro in compensation.

Jevgenija Petrakova worked at the Admiral restaurant on Marlborough Street, Dublin, for just six weeks before she was let go on March 30 2009.

She claimed she had been subjected to discriminatory treatment, harassment, sexual harassment and discriminatory dismissal on the grounds of her gender and race.

Lexor Entertainment Limited, which runs the Russian-themed diner, denied all of the allegations.

Tara Coogan, of the Equality Tribunal, ruled Ms Petrakova did not establish a case of discriminatory treatment, harassment or sexual harassment on the grounds of her gender or race.

However she found there had been a case of discriminatory dismissal on the gender ground and ordered the restaurant to pay the complainant 14,167.92 euro compensation in lieu of nine months' salary.

"I am satisfied that the complainant was pregnant at the material time and that the respondent was aware of this," she said.

"It is clear that the respondent has not been able to establish exceptional circumstances to justify the dismissal of the complainant in this case and that the complainant was given nothing pertaining to a redundancy or her conduct in the workplace in writing."

Ms Petrakova, an ethnic Russian with Latvian nationality, had submitted that all staff working in the restaurant were also ethnic Russians of Latvian or Lithuanian nationality and that they were harassed - although no direct evidence was provided to the Equality Tribunal.

She revealed she was in the job for just two weeks when she discovered she was pregnant and notified her employer in writing immediately.

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