Ballymaloe Cookery School wins WRC case as discrimination claim ruled unsupported

WRC adjudicator rules that a Ballymaloe Cookery School employee provided no evidence of discrimination in a dispute over management changes

Darina Allen and Rory O'Connell, co-founders, Ballymaloe Cookery School, in a cookery demonstration for students taking part in the 12 weeks certificate course. Picture: Denis Minihane.

A workplace watchdog has dismissed a discrimination claim by a market cook and teacher against Darina Allen’s Ballymaloe Cookery School in Cork.

Julija Makejeva claimed she was discriminated against by her employer on the basis of family status, and Ballymaloe Cookery School contested her claim at a Workplace Relations Commission (WRC) hearing.

In the WRC ruling, adjudicator Lefre de Burgh found that Ms Makejeva presented no evidence of discrimination based on the protected ground of family status and dismissed the claim.

Ms Makejeva told the hearing that she was hired by Darina Allen and she had always worked for Ms Allen.

She stated that in December 2022, Ms Allen stepped back from her day-to-day role.

Ms Makejeva started working at Ballymaloe Cookery School in 2005, initially as a cleaner. After completing the 12-week cookery course, she took up her current role as a market cook/teacher.

In her findings, Ms de Burgh stated that she accepted the school’s submission that Ms Makejeva feels “disentitled”, meaning she believes she has been treated in a way she does not like.

Ms de Burgh said documents showed that Ms Makejeva had a very good working relationship with her previous boss, Darina Allen, developed over many years, and that she disliked the new management structure introduced in 2023 and objected to reporting to a new manager.

Ms de Burgh stated that Ms Makejeva alleges that “this is both unlawful and discrimination. I find that it is not.”

She added that it was difficult to see how Ballymaloe Cookery School “could have been more responsive” to Ms Makejeva, short of granting her requests to choose her own duties and hours.

Ms de Burgh said it had been clear at all times that Ms Makejeva is a valued member of staff “whose contribution it recognises and values and who it wishes to retain, and has made considerable effort to retain her”.

Based on Ms Makejeva’s own oral evidence, Ms de Burgh found that she returned from maternity leave to the same Market Cook/Teacher role and was supported with a part-time work pattern while breastfeeding before returning to full-time hours, which she acknowledged required an 8am start, as before.

Ms de Burgh also found that Ballymaloe Cookery School had engaged extensively with Ms Makejeva, listened to her concerns, and responded with “considerable flexibility and patience”.

The documents submitted indicated that Ms Makejeva “showed up late and finished early with some regularity”, despite undertaking to re-engage with her employer when she could revert to the required 8.30am start time, “which she failed to do”.

Ms de Burgh found that some of the new systemic changes introduced by management were more formalised than previous informal approaches. She stated that this formalisation did not sit well with Ms Makejeva, who either failed to comply or expressed humiliation at being required to train and upskill in line with other staff.

Ms de Burgh stated that where Ms Makejeva raised concerns, “management has engaged with her, taken her concerns on board and adapted, where appropriate”.

She added: “In particular, it was accepted that communication could be better in terms of notifying staff of changes and things that were about to happen/be introduced.” 

In her evidence, Ms Makejeva — who represented herself — appeared frustrated and upset.

Ms de Burgh said Ms Makejeva articulated “feelings of betrayal” and said she had always been flexible with her employer — “working on Saturdays or on short notice, as required” — and that she felt the same flexibility was no longer extended to her under the new management structure.

Ms de Burgh stated that Ms Makejeva particularly objected to reporting to a new manager, which she argued was “discrimination”, and said she objected to “them always telling me what to do.”