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Employment Law in Ireland - Case Study Example

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She is pregnant and apparently is being exposed to chemicals at Pisces that might be harmful to her baby. The first relevant law the must be examined is the Safety, Health and Welfare at Work Act 2005. Under this law, the employer is…
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Employment Law in Ireland

What this means to Pisces is that Pisces is obligated to ensure Antonias safety, health and welfare. It also means that it has the obligation to conduct work activities in such a way that ensures her safety and to provide arrangements for her welfare and safety. In other words, if Antonias doctor states that the chemicals that she is exposed to on the job is hazardous to her health or the health of her baby, Pisces must make arrangements to ensure her welfare and safety. This does not necessarily mean that Antonia is automatically entitled to a desk job; there could be other arrangements that can be made, and it would be up to Pisces to discover what these are. If Pisces can find a way for Antonia to safely work in her current job, then this what they may be able to do, assuming that there might not be a desk job for Antonia. But, if there is a desk job for her, and she is qualified for it, then this would be best, for this would be safest and there would be no question that Pisces has made accommodations and arrangements the ensure her safety.
What they cannot do is summarily dismiss her. Lets assume that Pisces does not have a desk job for Antonia and there is no accommodation that can be made for her otherwise. Antonia is protected to some extent by the Sex Discrimination Order 1976, which states that an employer cannot treat an employee less favorably if she becomes pregnant than she would be treated if not pregnant (Sex Discrimination Order 1976). Antonia can arguably use this Order in her favor if Pisces decides to fire her, for, on its face, Pisces cannot fire her simply because she is pregnant (Hitch v. Smyth). Moreover, she might be covered by the Employment Equality Acts 1998-2008, which states that employers must take appropriate measures to enable a person with a disability access to employment (Employment Equality Acts 1998-2008 (1.7)). Although Antonia is not ... Read More
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