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Recruiter ordered to pay woman €20,000 after ‘discrimination’ due to her pregnancy

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Comments

  • Registered Users, Registered Users 2 Posts: 7,380 ✭✭✭timmyntc


    Renault 5 wrote: »
    https://www.independent.ie/irish-news/i-felt-it-was-cruel-because-i-was-in-the-most-vulnerable-place-being-pregnant-recruiter-ordered-to-pay-woman-20000-after-discrimination-due-to-her-pregnancy-40201215.html

    I know that based on discrimination laws she was right to win

    But in fairness to companies, Why would they want to hire someone on a 23 month contract as I need to fill a role only for that employee to be missing for a large part of the duration of the contract and need to hire a second person to fulfil that role.

    I dont think its fair on companies as well as the employee.

    Totally understandable from their POV - but at the same time they should have been shrewd enough to know not to tell her! Just say she was unsuccessful or they hired someone else


  • Closed Accounts Posts: 171 ✭✭Renault 5


    timmyntc wrote: »
    Totally understandable from their POV - but at the same time they should have been shrewd enough to know not to tell her! Just say she was unsuccessful or they hired someone else

    Which I would say is the common workaround. But the fact that you need do it is bad.


  • Registered Users, Registered Users 2 Posts: 3,634 ✭✭✭celt262


    timmyntc wrote: »
    Totally understandable from their POV - but at the same time they should have been shrewd enough to know not to tell her! Just say she was unsuccessful or they hired someone else

    Expensive lesson they will know what to do the next time !


  • Registered Users, Registered Users 2 Posts: 2,148 ✭✭✭Smee_Again


    Hard to see how the decision not to put her forward for the role was for any other reason than her being pregnant.
    “In regard to the role – it is a 23-months contract. We can put you forward for shorter roles up until May,” it read.

    This is not how you would communicate to a candidate that they didn't possess the skills for the job.


  • Registered Users, Registered Users 2 Posts: 3,347 ✭✭✭McFly85


    The recruiter should have told her someone else got the job alright, but I think if someone is pregnant then it’s fair to ask the due date and the amount of maternity leave they plan to take, especially for contract roles.

    Haven’t a clue why that was figured to be worth 20k though.


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  • Registered Users, Registered Users 2 Posts: 19,802 ✭✭✭✭suicide_circus


    The trick is to lie


  • Registered Users, Registered Users 2 Posts: 20,825 ✭✭✭✭Donald Trump


    I saw that story and I understood it that it wasn't a regular hiring but a contract through an agency.

    Company come to agency and says "we need a temporary contract worker for 23 months". The agency then supplies a contractor to do it. If the agency supplied a worker whom they definitely know is emigrating to Australia in three months then the company would be rightfully pissed off. So why should one expect any difference if the company are sent a person whom the agency knows will disappear for at least 6 months in a few months.

    It's not a regular employer/employee relationship. She shouldn't have been given compensation.


  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    Maybe instead of the 20k they should have given her the job - and made her do it. At least the SW will take her compensation into consideration & deduct it from her ‘benefits’ - she’d have earned more working. Can’t see too many q’ing up to give her a job next now that she’s pulled that stunt. Name all over the papers.


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    She has a job now according to her Facebook. She also won 2 court cases in 2020 apparently.


  • Registered Users, Registered Users 2 Posts: 715 ✭✭✭Stihl waters


    Ewelina Rauch will find it hard to get a job in the future, if I was looking for someone to fill a role and googled her name after an interview I'd be crossing her off the list, 20 grand won't be long going if she can't find work


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  • Registered Users, Registered Users 2 Posts: 2,148 ✭✭✭Smee_Again


    Maybe instead of the 20k they should have given her the job - and made her do it. At least the SW will take her compensation into consideration & deduct it from her ‘benefits’ - she’d have earned more working. Can’t see too many q’ing up to give her a job next now that she’s pulled that stunt. Name all over the papers.

    How is she the bad person here?

    You’ve made it sound like giving her the job is some sort of punishment or gotcha of her when it’s literally what she wanted in the first place.


  • Registered Users, Registered Users 2 Posts: 20,825 ✭✭✭✭Donald Trump


    Smee_Again wrote: »
    How is she the bad person here?

    You’ve made it sound like giving her the job is some sort of punishment or gotcha of her when it’s literally what she wanted in the first place.




    The article gives the impression that the recruitment agency just didn't forward her CV to the hiring company and that is why she was able to sue them.


  • Registered Users, Registered Users 2 Posts: 29,730 ✭✭✭✭blanch152


    I saw that story and I understood it that it wasn't a regular hiring but a contract through an agency.

    Company come to agency and says "we need a temporary contract worker for 23 months". The agency then supplies a contractor to do it. If the agency supplied a worker whom they definitely know is emigrating to Australia in three months then the company would be rightfully pissed off. So why should one expect any difference if the company are sent a person whom the agency knows will disappear for at least 6 months in a few months.

    It's not a regular employer/employee relationship. She shouldn't have been given compensation.

    Because under employment law, you are allowed to discriminate against people who you know are emigrating to Australia in three months, but you are not allowed to discriminate against pregnant women.

    Simple as that.


  • Posts: 2,725 ✭✭✭ [Deleted User]


    Some poor underpaid graduate got the sack for writing that email.


  • Registered Users, Registered Users 2 Posts: 20,825 ✭✭✭✭Donald Trump


    blanch152 wrote: »
    Because under employment law, you are allowed to discriminate against people who you know are emigrating to Australia in three months, but you are not allowed to discriminate against pregnant women.

    Simple as that.




    It is not discrimination when it means it is definite that she can't do the task. It would be different if they refused to give it to her out of a worry that she might become pregnant. The lady wasn't employed. She wasn't even dealing with the employer. It was the recruitment agency who didn't forward on her CV for the position. It's a contract position. It wouldn't have the same benefits as an actual staff role.



    Do you not think it would be dishonest on her part to accept a short term role when she knows in advance that she won't be around to actually do the job?


  • Registered Users, Registered Users 2 Posts: 1,749 ✭✭✭LillySV


    Ewelina Rauch will find it hard to get a job in the future, if I was looking for someone to fill a role and googled her name after an interview I'd be crossing her off the list, 20 grand won't be long going if she can't find work

    i hope so....although id say she be as happy on welfare


  • Registered Users, Registered Users 2 Posts: 26,202 ✭✭✭✭Strumms


    Renault 5 wrote: »
    https://www.independent.ie/irish-news/i-felt-it-was-cruel-because-i-was-in-the-most-vulnerable-place-being-pregnant-recruiter-ordered-to-pay-woman-20000-after-discrimination-due-to-her-pregnancy-40201215.html

    I know that based on discrimination laws she was right to win

    But in fairness to companies, Why would they want to hire someone on a 23 month contract as they need to fill a role only for that employee to be missing for a large part of the duration of the contract and need to hire a second person to fulfil that role.

    I dont think its fair on companies as well as the employee.


    She’s not available to work and fulfill the entirety of contract, she shouldn’t be awarded it...nor should she apply for it.

    That’s not discrimination.

    The courts of course couldn’t give a fûck about the current employees there...who might have had hopes of a pay rise... the customers whom might have to pay more now as the company will need to get a temp in plus pay this person...

    The courts are discriminating against customers, current employees and employer... what a fûcking absolute kip this country is now.


  • Posts: 14,344 ✭✭✭✭ [Deleted User]


    At least the SW will take her compensation into consideration & deduct it from her ‘benefits’


    In my best panto voice: "Oh no they won't".



    She will have a difficult time landing any future serious jobs, I'd imagine though, once any prospective employer googles her fairly unique name and this story pops up.


  • Registered Users, Registered Users 2 Posts: 79 ✭✭Dublin Lad2021


    I think it's disappointing considering MM stated that they closer examined her background after getting her CV and realising she wasn't a good enough fit for the role, nothing to do with pregnancy. I think the agency should appeal the decision.


  • Posts: 0 [Deleted User]


    And this is the reason lots more people are put on contracts. Being an employer is a nightmare... I know this is slightly different, but the environment is the same and its a case of whats the minimum amount of permanent employees can I take on more so than planning for growth.

    This person has a very stand out name in an Irish context and posed for pictures. She's probably done multiples of the award in damages to her career in Ireland.


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  • Closed Accounts Posts: 254 ✭✭HansKroenke


    Renault 5 wrote: »
    https://www.independent.ie/irish-news/i-felt-it-was-cruel-because-i-was-in-the-most-vulnerable-place-being-pregnant-recruiter-ordered-to-pay-woman-20000-after-discrimination-due-to-her-pregnancy-40201215.html

    I know that based on discrimination laws she was right to win

    But in fairness to companies, Why would they want to hire someone on a 23 month contract as they need to fill a role only for that employee to be missing for a large part of the duration of the contract and need to hire a second person to fulfil that role.

    I dont think its fair on companies as well as the employee.

    To be honest, I would question the integrity of the person bringing such a claim in the first place. Not to tar all make up artists with the same brush, but in my experience they are attention seeking and not the most upstanding members of society. My prejudice with this lady being a MUA does not appear to be unfounded from what I am reading about her.


  • Registered Users, Registered Users 2 Posts: 7,761 ✭✭✭redzerdrog


    The recruiter should be sacked for incompetence


  • Closed Accounts Posts: 556 ✭✭✭shtpEdthePlum


    The comments in here are absolutely vile.

    You'd swear the stork brings the baby, in some of the feeble minds on display here.

    How the hell are women supposed to actually survive when Irish men are like this. You people actually disgust me. In any other developed country there wouldn't be such begrudgery that you lack the ability to push an actual other human person out of your body. I'll ask again, how the actual f are women supposed to live in a country where a load of the opposite sex are jealous of their reproductive abilities and believe they should be punished.

    In Ireland, pregnancy is treated like a massive inconvenience. Like in America where human life is regarded as commonplace and not worthy of any protections, in Ireland we have historically put mothers and babies in septic tanks and prioritised profit over people.

    Almost everyone who replied to this thread so far showed jealousy, hatred and spite. Are you related to any women? What if she needed a job and the agency wouldn't give her information to Facebook or whoever, because they didn't want the massive corporation to have the inconvenience of employing her during maternity leave, enabling her to support her newborn baby? Would you think it's completely acceptable if it was your wife or sister or daughter who was discriminated against on this basis?

    I don't know why I do it to myself going on these threads, but I just feel glad not to know any horrible people who think that pregnant women are like scroungers. What a sh!t opinion. Take a look at yourself.


  • Registered Users, Registered Users 2 Posts: 1,630 ✭✭✭jrosen


    Its frustrating to see the outcome, she was put forward for a 23 month contract which she simply wouldnt have been able to commit too. The agency was foolish though, could have handled it better and avoided this.


  • Registered Users, Registered Users 2 Posts: 2,594 ✭✭✭karlitob


    The comments in here are absolutely vile.

    You'd swear the stork brings the baby, in some of the feeble minds on display here.

    How the hell are women supposed to actually survive when Irish men are like this. You people actually disgust me. In any other developed country there wouldn't be such begrudgery that you lack the ability to push an actual other human person out of your body. I'll ask again, how the actual f are women supposed to live in a country where a load of the opposite sex are jealous of their reproductive abilities and believe they should be punished.

    In Ireland, pregnancy is treated like a massive inconvenience. Like in America where human life is regarded as commonplace and not worthy of any protections, in Ireland we have historically put mothers and babies in septic tanks and prioritised profit over people.

    Almost everyone who replied to this thread so far showed jealousy, hatred and spite. Are you related to any women? What if she needed a job and the agency wouldn't give her information to Facebook or whoever, because they didn't want the massive corporation to have the inconvenience of employing her during maternity leave, enabling her to support her newborn baby? Would you think it's completely acceptable if it was your wife or sister or daughter who was discriminated against on this basis?

    I don't know why I do it to myself going on these threads, but I just feel glad not to know any horrible people who think that pregnant women are like scroungers. What a sh!t opinion. Take a look at yourself.

    It must be hard to be angry all the time.

    It must be hard to think every man is sexist and be unable to square that with your own sexist post.

    You don’t know if all these posters are men.

    Even if they are they don’t represent all men.

    The other half of the species in ireland don’t know that this thread is here so as to offer a different opinion to those posters mouthing off.

    I see no problem with what she did. The company broke the law - simple as. (See.....now you can’t say ‘men’ collectively now.)

    I work closely with nurses - lots of them. Healthcare is 90% female workforce. If you think only some men get their noses put out of joint that women in work get pregnant then you need to take the blinkers off. You would never catch a lad speak out loud the stuff I’ve heard nurses say about their pregnant colleagues. Disgusting stuff.

    Finally - cop onto yourself and get off your high horse. You’ll fall and hurt yourself.


  • Registered Users, Registered Users 2 Posts: 622 ✭✭✭Natterjack from Kerry


    The comments in here are absolutely vile.

    How the hell are women supposed to actually survive when Irish men are like this. You people actually disgust me. In any other developed country there wouldn't be such begrudgery that you lack the ability to push an actual other human person out of your body. I'll ask again, how the actual f are women supposed to live in a country where a load of the opposite sex are jealous of their reproductive abilities and believe they should be punished.

    Where would you draw the line ?

    Contract position is for 6 months.
    - We are pleased to offer you the position Ms X
    - Thanks. I accept.
    - Great, we will see on Monday so.
    - Super, by the way, I am on maternity leave from Tuesday. For 6 months.

    Of course employers have to lie somewhat but its easily done and only common sense.


  • Closed Accounts Posts: 556 ✭✭✭shtpEdthePlum


    The woman will owe the company the six months they took when their maternity leave is up.

    You honestly think the woman can just walk in, take maternity leave and then never fulfil the contract?

    Also the state pays for maternity leave in that instance so the company is literally losing nothing and will have a panel of replacements.

    I think it's a misunderstanding of actual contracts and pay that has some of you petals unsettled.


  • Registered Users, Registered Users 2 Posts: 2,148 ✭✭✭Smee_Again


    Where would you draw the line ?

    Contract position is for 6 months.
    - We are pleased to offer you the position Ms X
    - Thanks. I accept.
    - Great, we will see on Monday so.
    - Super, by the way, I am on maternity leave from Tuesday. For 6 months.

    Of course employers have to lie somewhat but its easily done and only common sense.

    That’s a price the company has to pay in order to protect the rights of ALL pregnant women.

    It’s unfortunate we need anti discrimination law to protect certain sections of society but imagine how poorly pregnant women would be treated if the people in this thread were decision makers where they worked.


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    I had someone on my team before, specialising in another European language. She went on maternity leave. I still had to carry her target.. But that's life, can't hire temps in my former company. She returned after her leave, worked a week and booked her holidays for a month or so. Came back worked a couple of months, told me she was pregnant and went back on maternity leave a month later..... Came back the second time, took more holidays, then handed in her notice... So basically I carried the can for 2 years for her....

    Devils advocate.. Yes of course the company could have changed the rules and allowed temps.. But global company global rules..

    My person took the pi££ but 99% of the time is not like that. And that's why the protections exist.


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  • Registered Users, Registered Users 2 Posts: 622 ✭✭✭Natterjack from Kerry


    Smee_Again wrote: »
    That’s a price the company has to pay in order to protect the rights of ALL pregnant women.

    I am saying the company wouldnt pay the price. An innocent booboo was made by the recruiter in this case, which exposes why 999 times out of 1000, the different wording or handling would have been used and there would be no issue. The company would get someone who can do the job and there is no more about it.


  • Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭wench


    Had she started the role before becoming pregnant, would it have been reasonable to expect her to go on birth control to ensure she could fulfill the full term of the contract?

    Women can become pregnant for over half their working years. Should they have to stay out of the workforce until after menopause so as not to inconvenience employers?


  • Registered Users, Registered Users 2 Posts: 2,148 ✭✭✭Smee_Again


    I had someone on my team before, specialising in another European language. She went on maternity leave. I still had to carry her target.. But that's life, can't hire temps in my former company. She returned after her leave, worked a week and booked her holidays for a month or so. Came back worked a couple of months, told me she was pregnant and went back on maternity leave a month later..... Came back the second time, took more holidays, then handed in her notice... So basically I carried the can for 2 years for her....

    Devils advocate.. Yes of course the company could have changed the rules and allowed temps.. But global company global rules..

    My person took the pi££ but 99% of the time is not like that. And that's why the protections exist.

    Your employer took the piss just as much as your colleague, I don’t blame her for looking out for her own interests. It’s unfortunate you got stuck in the middle but the bigger issue was the inflexible nature of your employer.


  • Posts: 0 [Deleted User]


    They will owe them a six month contract when their maternity leave is up in most instances.

    You honestly think the woman can just walk in, take maternity leave and then never fulfil the contract


    LOL the innocence of the deluded. Did you even consider the company would have any use/need for them in 6 months. Or do you think the company will be obliged to create work for them? Good one!


  • Registered Users, Registered Users 2 Posts: 1,630 ✭✭✭jrosen


    wench wrote: »
    Had she started the role before becoming pregnant, would it have been reasonable to expect her to go on birth control to ensure she could fulfill the full term of the contract?

    Women can become pregnant for over half their working years. Should they have to stay out of the workforce until after menopause so as not to inconvenience employers?

    over the course of their working lifetime maternity leave accounts for a small amount. But with a 23 month contract had she have secured the position she would have been absent for 6 months of that.

    There is a bit of a maternity pay issue though, if someone looses their job they wont qualify for state maternity pay if they do not work a certain period before their maternity leave should start.. I had the issue myself. My position was made redundant when I was approx 12 weeks pregnant. I hadn't told anyone. I couldnt secure any work even on a temp basis so even though I had never been out of work before in my life I didnt get state maternity pay.


  • Registered Users, Registered Users 2 Posts: 9,732 ✭✭✭weisses


    wench wrote: »
    Had she started the role before becoming pregnant, would it have been reasonable to expect her to go on birth control to ensure she could fulfill the full term of the contract?

    Women can become pregnant for over half their working years. Should they have to stay out of the workforce until after menopause so as not to inconvenience employers?

    Stop moving the goalposts ... It looks silly


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  • Registered Users, Registered Users 2 Posts: 373 ✭✭JimmyCorkhill


    If it was only a contract role, albeit a 23 month contract role, surely the employer can at any stage give 4 weeks notice or so & vice versa & presumably there was no maternity pay from the company as it is only a contract role?

    I'm only assuming the above because - 1. A recruiter got onto me about a 1 year conract role and said either the company or myself can give 3 weeks notice & end it at any stage during the contract & 2. I previously worked for s company 7+ years ago wgere the boss was a lady(who preferred to hire men) and the company did not offer maternity leave/pay apart from any statutory leave/pay.


  • Registered Users, Registered Users 2 Posts: 1,630 ✭✭✭jrosen


    If it was only a contract role, albeit a 23 month contract role, surely the employer can at any stage give 4 weeks notice or so & vice versa & presumably there was no maternity pay from the company as it is only a contract role?

    I'm only assuming the above because - 1. A recruiter got onto me about a 1 year conract role and said either the company or myself can give 3 weeks notice & end it at any stage during the contract & 2. I previously worked for s company 7+ years ago wgere the boss was a lady(who preferred to hire men) and the company did not offer maternity leave/pay apart from any statutory leave/pay.


    Ive made two assumptions.
    The company didnt want to take on this candidate, not simply because she was pregnant but because she wasnt available to fulfill the 23 months and they would have the hassle of training her in, only to have her go some time later and start the process all over again.

    Or - the recruitment agency made the call because they didnt want to sour their relationship with the company who had hired them by sending them a temp who couldn't fulfill the contract they needed.


  • Posts: 0 [Deleted User]


    If it was only a contract role, albeit a 23 month contract role, surely the employer can at any stage give 4 weeks notice or so & vice versa & presumably there was no maternity pay from the company as it is only a contract role?

    I'm only assuming the above because - 1. A recruiter got onto me about a 1 year conract role and said either the company or myself can give 3 weeks notice & end it at any stage during the contract & 2. I previously worked for s company 7+ years ago wgere the boss was a lady(who preferred to hire men) and the company did not offer maternity leave/pay apart from any statutory leave/pay.


    You would be on dodgy ground if you gave notice after a person said they were pregnant, and rightly so. At minimum you'd have to prove conclusively the reason for giving the notice was for a reason other than pregnancy.


  • Registered Users, Registered Users 2 Posts: 24,557 ✭✭✭✭lawred2


    timmyntc wrote: »
    Totally understandable from their POV - but at the same time they should have been shrewd enough to know not to tell her! Just say she was unsuccessful or they hired someone else

    That was my first thought


  • Registered Users, Registered Users 2 Posts: 1,298 ✭✭✭Snotty


    This isn't a 20k fine for not sending a pregnant woman forward interview, it's a 20k fine for not lying better.


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  • Banned (with Prison Access) Posts: 158 ✭✭Zebrag


    This story reminds me of a girl I knew. She applied for a job knowing she was pregnant. Got accepted and the role was a temporary position for 6 months. It was an admin job to fill in for a maternity leave. For examples sake she was told to start on the Monday and had an introduction, welcome to the team etc and announced she was 4 months pregnant. Skinny thing she was so she was able to cover the bump without suspicion. Previous to that she was already out of work nearly a year with absolutely no intentions of finding a job and then got pregnant and realised, money pays for things. Went looking for a job, got accepted and started. I remember her telling me that she was annoyed at the attitude she recieved telling the job that she was 4 months pregnant. She had 4 months left of the pregnancy and obviously 3 months left in the job before maternity leave. She didn't want to work a month left into the pregnancy and asked her doctor for sick leave until the birth. Had the baby, took the 6 months maternity including another 3 months on top of that for another sick leave and then returned to the job to do another 4 months and left because she didn't want to work and raise a child. Obviously the employer couldn't exactly sack her on her maternity leave and when she returned, when I say they made her life a misery, I think they purposely went out of their way to give herself the option to leave rather than sack her. This was wrong on the employer in any case but when you step to the side and look at it, the employer had a role to fill and unfortunately the candidate they picked, is the person they didn't need at the time.


    It's an odd situation and honestly I feel for the company and the girl that the OP wrote about. Although the girl in the article sounds genuine and honestly sounds like she just wants to better herself obviously being pregnant is a motivator to gather a few bob. It's a situation that leaves employers wondering what to do with the position advertised. You can't say no to someone because they are pregnant but in the same breath, the position is advertised for a reason and it doesn't make sense to give it to someone who's mostly like going to be leaving soon. That's not to factor in the days the poor girl probably can't hold herself up, never mind food.

    I honestly feel sorry for both parties here. One wants to just get out and work and give herself and child a chance and the other has to fill a role and trying to accommodate everyone. This isn't to do with gender or any forms of diversity but it's to do with, who was right and wrong and I think as a company they had to hold the hands up and say no for obvious reasons. Whether the worded it correctly or not, either ways the poor girl would of been told no. Fair play for being rewarded the amount she was given and fair play to the company for just being out straight. As wrong as they were, I mean what else could they have done?

    If it was me applying for a position and announced I was pregnant, yes I would be upset I wasn't allowed to progress but understandably applying for a position and not to long after starting, leaving for however long necessary. I know I will get slated for this post and mostly likely be told to cop on. It would be a different story if I was in the same employment years and then got pregnant and was told to leave, man I would run a muck but if I applied for a position, not in the door a wet day and then announced I was pregnant....

    I'm not defending nor am I not opposing to either parties. Yes everyone has a right to work and yes everyone under any circumstances has a right for an opportunity to work. To me is a tough situation for all involved and I hope the girl who was rewarded has a steady and lovely pregnancy knowing that financially she is okay now and hopefully when the time comes she can apply for a role she will be happy in.

    That's my 2 cents and I do apologise if anyone disagrees or thinks I'm being rude.


  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    And this is the reason lots more people are put on contracts. Being an employer is a nightmare... I know this is slightly different, but the environment is the same and its a case of whats the minimum amount of permanent employees can I take on more so than planning for growth.

    This person has a very stand out name in an Irish context and posed for pictures. She's probably done multiples of the award in damages to her career in Ireland.

    It's not the reason more people are put on contracts though. Whatever about this case specifically, note I think she was entirely wrong applying for such a role anyway.

    People are being put on contracts because certain employers want to provide as minimal security in a job as possible. They'll will do as much as they can to benefit themselves as is their right to do. But don't think cases like this are the reason. They're simply not.


  • Registered Users, Registered Users 2 Posts: 16,731 ✭✭✭✭osarusan


    Amazed that a recruitment company wasn't able to deal with this more easily, can't be the first time it has happened.

    That said, while employment protection for maternity leave is obviously a good thing, this highlights a flaw in the broad stroke approach to it.


  • Registered Users, Registered Users 2 Posts: 20,825 ✭✭✭✭Donald Trump


    They will owe them a six month contract when their maternity leave is up in most instances.

    You honestly think the woman can just walk in, take maternity leave and then never fulfil the contract?

    Also the state pays for maternity leave in that instance so the company is literally losing nothing and will have a panel of replacements.

    I think it's a misunderstanding of actual contracts and pay that has some of you petals unsettled.




    Suppose you were planning your wedding for December, and decided that you wanted to splash out and have a professional stylist and make-up person come the day before the wedding, be there on the day of the wedding itself to help the bridal party get ready and do touch-ups during the day and also hang around the following day for the after-party bit as well. There will also be a few preparatory meetings in the weeks leading up to make sure everything is on the same page

    She will bring all her own gear and product. Total cost is 2 grand. You agree in writing and pay a deposit. Then the next day she sends a follow up email to say "Thank you for your business and deposit. Oh, by the way, I forgot to mention that I'm a few months pregnant and the baby is due in September so I'll still be on maternity leave in December. But I'll be able to provide the 3 days when I return to work next March because you'll still owe me the contracted work".

    Do you think that is how the contract would work?


  • Registered Users, Registered Users 2 Posts: 2,148 ✭✭✭Smee_Again


    Suppose you were planning your wedding for December, and decided that you wanted to splash out and have a professional stylist and make-up person come the day before the wedding, be there on the day of the wedding itself to help the bridal party get ready and do touch-ups during the day and also hang around the following day for the after-party bit as well. There will also be a few preparatory meetings in the weeks leading up to make sure everything is on the same page

    She will bring all her own gear and product. Total cost is 2 grand. You agree in writing and pay a deposit. Then the next day she sends a follow up email to say "Thank you for your business and deposit. Oh, by the way, I forgot to mention that I'm a few months pregnant and the baby is due in September so I'll still be on maternity leave in December. But I'll be able to provide the 3 days when I return to work next March because you'll still owe me the contracted work".

    Do you think that is how the contract would work?

    If you’re going to invent a scenario then at least make one up where it’s an employer/employee relationship.

    What you’ve posted has no relevance to the situation at hand.


  • Posts: 0 [Deleted User]


    listermint wrote: »
    It's not the reason more people are put on contracts though. Whatever about this case specifically, note I think she was entirely wrong applying for such a role anyway.

    People are being put on contracts because certain employers want to provide as minimal security in a job as possible. They'll will do as much as they can to benefit themselves as is their right to do. But don't think cases like this are the reason. They're simply not.


    You miss my point. It's the general laws that make employing people onerous. Contracts make it easier to deal with people. It's more flexible.


    This is an example where an employee is of significantly less use to an employer than another MUA, but is compensated simply because she was pregnant.


    Now, we know, if only anecdotally that employers (male and female) will discriminate against women in general if they think there's a possibility of them becoming pregnant. In fact I'd say it has been more of an issue with senior female managers I've worked with personally. The more compo cases like this the worse it will be for women applying for jobs. Would you not agree?


  • Registered Users, Registered Users 2 Posts: 20,825 ✭✭✭✭Donald Trump


    Smee_Again wrote: »
    If you’re going to invent a scenario then at least make one up where it’s an employer/employee relationship.

    What you’ve posted has no relevance to the situation at hand.


    Do you perhaps misunderstand the relationship in the "situation at hand" as being an employer/employee relationship?


    My post was in response to someone who appears to think that if someone is offered a short term 6-month contract to do a job, and they go on maternity leave for 6 months instead, that they would be entitled to a different 6 months (in their example)


    The use of different mechanisms by eventual employers to avoid employer/employee obligations is a different topic again. 23 months would appear to me to be a deliberate timeframe to avoid some other obligations. That is a different topic.


  • Registered Users, Registered Users 2 Posts: 13,771 ✭✭✭✭fits


    It was a 23 month contract. She would have been available for a lot or most of it. In my sector it’s pretty much impossible to get longer contracts. Should women just give up working in case they inconvenience their employer?

    This thread is a great illustration of people’s real attitudes towards women.


  • Closed Accounts Posts: 556 ✭✭✭shtpEdthePlum


    The make up artist would be self employed.

    The person getting married is their client.

    They are entitled to maternity benefit from the state, they would not take on clients during this period as it would be reputationally damaging.

    A woman who was pregnant applying for a limited contract which would only run for the duration of the pregnancy would be paid by the state for the duration of the pregnancy leave.

    Usually an employer has a panel of suitable applicants who also applied for the job so in the event of unforeseen circumstances, they could select the next best, possibly non-pregnant candidate.

    Not disclosing pregnancy is a bit disruptive at worst, not the catastrophic criminal act that posters here are attempting to show it up as.

    As for the spurious hypotheticals, most of them have more holes in them than a watering can, are completely irrelevant and demonstrate a complete misunderstanding of employment laws.


  • Registered Users, Registered Users 2 Posts: 2,148 ✭✭✭Smee_Again


    Do you perhaps misunderstand the relationship in the "situation at hand" as being an employer/employee relationship?


    My post was in response to someone who appears to think that if someone is offered a short term 6-month contract to do a job, and they go on maternity leave for 6 months instead, that they would be entitled to a different 6 months (in their example)


    The use of different mechanisms by eventual employers to avoid employer/employee obligations is a different topic again. 23 months would appear to me to be a deliberate timeframe to avoid some other obligations. That is a different topic.

    Still no relevance to what you posted.

    A contract of employment versus a contract for services, if you’re going to create scenarios then make them comparable and relevant.


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