Labour Court Overturns WRC Finding of Discrimination – “Very Basis” for Complaint Not Well Founded

David Aranda Petit Delice Limited v Jessica Padayachee – EDA2219 is a recent Labour Court appeal of a decision of the Workplace Relations Commission (“WRC”). The Complainant, Ms Padayachee, submitted complaints of discrimination on grounds of race, gender and family status to the WRC under the Employment Equality Acts, 1998-2015 (the “Acts”). The Complainant is a South African national and argued that the Respondent refused to sign her Work Permit application because she was pregnant. This was denied by the Respondent. The original WRC decision upheld the complaints in relation to gender and family status. The Respondent Employer was ordered to pay the Complainant €33,600 in compensation and appealed the decision to the Labour Court (the “Court”). The Adjudication Officer (“AO) did not uphold the Complainant’s complaint on grounds of race and this aspect of the decision was not appealed to the Court. During the appeal hearing, the Complainant’s representative confirmed that no case was being made on the basis of family status, and that the sole issue before the Court was a complaint of gender discrimination.

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