By Gordon Deegan

Shannon based Halal meat operator, Asba Meats, has been ordered at the the Workplace Relations Commission (WRC) to pay €20,000 compensation after discriminating against a pregnant worker.

At the WRC adjudicator, Ewa Sobanska ordered Asba Meats to pay the €20,000 to Thayane Sousa after finding that Asba Meats discriminated against Sousa on gender grounds when pregnant.

Sousa said that she could only assume that this was an attempt to force her out of employment by Asba Meats.

She gave uncontested evidence to the WRC as there was no appearance by Asba Meats at the hearing.

WRC

The €20,000 award is the latest financial hit to Asba Meats as a result of successful proceedings taken against the firm in court and the WRC.

At Ennis Circuit Court last month, Judge Francis Comerford granted personal injury damages of €60,000 to butcher, Wender Goncalves Da Silva (41) of Mitchelstown, Co Cork against Asba Meats Ltd arising from injuries sustained when a sheep bone pierced the worker's right hand on a meat factory ‘kill floor’ three years ago. 

In a separate case at Ennis District Court last month, Judge Alec Gabbett made a decree against Asba Meats Ltd in the amount of €22,614 concerning an unpaid WRC unfair dismissal award to Shahid Kamal following an application by solicitor, Stiofán Fitzpatrick.

Court

Judge Gabbett stated at the time that his court dealing with three separate legal proceedings in the last eight months against Asba Meats “has all the hall-marks of the wheels coming off the wagon”.

At a separate court hearing last month, solicitor for Asba Meats, Colum Doherty told Judge Gabbett that he was confident of resolving the issues around the receivership of Asba Meats Ltd

In a fourth case, Asba Meats made a €2,000 part payment to Town & Country Meats Ltd after the supplier obtained an order in Ennis Circuit Court on June 4th 2024 to allow the company recover €16,181 from Asba Meats along with €750 in costs and expenses.

In the WRC pregnancy case concerning Sousa, she further testified that her working hours were substantially reduced after informing her employer of her pregnancy. 

Sousa said she typically worked 35 hours at the national minimum wage but after she disclosed her pregnancy, her hours were cut back, and on several occasions, she was not scheduled to work at all. 

She also provided evidence that she contacted her employer multiple times, including via text messages, requesting her hours back, but received no positive response. 

She submitted copies of messages in which her supervisor repeatedly stated that there was no work available for her and advised her to “take rest.” 

This continued until Sousa commenced maternity leave.

Sousa also presented messages showing her repeated inquiries regarding delayed salary payments.

In her findings, adjudicator, Ewa Sobanska, stated that based on the uncontested evidence of Sousa supported by documentary evidence exhibited at the hearing, she was satisfied that there is prima facie evidence that Sousa was discriminated against on the gender ground. 

The adjudicator, in the absence of any engagement on the part of Asba Meats, found that Asba Meats discriminated against Sousa on the ground of her gender.