Joanna Bielcka, mediator in the International Mediation Centre
3rd CASE UNDER MEDIATION
THE PARTIES:
– an employer represented by a member of the management board
– an employee who was dismissed after maternity leave
AMOUNT IN DISPUTE:
– the employee’s 3 months remuneration i.e. over PLN 50 000, as well as additional costs if lost in a long court proceeding – remuneration for the whole duration of dispute e.g. approx. a year i.e. PLN 170 000 plus costs of legal support.
SHORT DESCRIPTION OF THE MATTER, INCLUDING THE REACHED SETTLEMENT
The company, which was planning to enter the market with a new product recruited a professional with a specific area of expertise. The company was aware that the woman was in the initial period of pregnancy. Unfortunately the subsequent 6 months of work did not prove as satisfactory as was expected. In addition some difficult changes in the market forced the company during the woman’s maternity leave, not to enter that new market. The employee after approx. 10 months of her maternity leave expressed her willingness to return to work on a part-time basis, which protected her against dismissal for the next 12 months.
The mediator worked for 2 months with a member of the management board, a proxy of the employer and directly with the employee, who was assisted by a legal counselor who’s identity remained unknown, but only the counselor’s opinions were presented. As a result of the reached settlement the employer avoided a difficult case in the labour court and reached a business goal i.e. eliminated the position, which due to the change of the business plan became unnecessary, while saving the good reputation on the labour market and among their employees. Furthermore, the employee avoided further stress and costs related to the court proceeding and was able to allocate the necessary time to her child and look for a new job.