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Equality Officer rejects family-status discrimination complaint against Lackabeg Limited

By Fionn Kelly

Workplace decision ·

An Equality Officer found that Lackabeg Limited did not discriminate against Irena Uscatu in her conditions of employment on family-status grounds. A separate discriminatory-dismissal complaint was outside the officer’s jurisdiction because the Employment Appeals Tribunal had begun a hearing into the dismissal; the merits of that complaint were not decided. The decision was dated 25 June 2012. Uscatu said that during pregnancy she had to carry heavy trays upstairs and that, after returning from maternity leave, her shifts made breastfeeding difficult. Lackabeg said it accommodated her request for morning work and its rosters showed she worked mainly from 9am to noon after returning. The officer accepted that the company moved her to breakfast duties with lighter trays and found no facts supporting an inference of discrimination over the breakfast service. The officer accepted the roster evidence and found no evidence that Uscatu was refused breastfeeding opportunities or given unreasonable shifts because of her family status.

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