A church that sacked a single woman after she became pregnant is bracing itself to hear if its appeal against a Human Rights Commission (HRC) ruling has been successful.

An inquiry was launched after the First Baptist Ministry in Devonshire decided not to accept the HRC's ruling that it unfairly dismissed nursery assistant Tanisha Smith while she was employed at its nursery -- Wee Learn Nursery.

In summing up its case yesterday, the church's lawyer Kieran Unwin said Miss Smith had accepted during cross examination that the nursery was a ministry of the church and that she had agreed to teach and adhere to its beliefs.

Mr. Unwin submitted that it was clear that leading a Christian lifestyle was required of Miss Smith.

Of her pregnancy, he said: "The only belief I am asking you to concern yourself with is this -- it was a belief of the church and she knew it was a belief.'' Mr. Unwin told the court how the 23-year-old was alleged to have asked church member Pauline Bissell not to inform the deacons of her pregnancy as her probationary contract was up for review. He claimed that was consistent with her knowing the consequences of being an unwed mother.

Miss Smith's attorney Claire Hatcher said it was a balancing exercise between churches following their doctrines and human rights.

Ms Hatcher said: "Tanisha's evidence is that she is a practising Christian, but her situation did not alter her relationship with the church.'' In her client's defence, the lawyer added by saying that Miss Smith was an assistant to the nursery teacher and therefore her pregnancy was not material because of the level she was operating at.

The church claimed that the dismissal was fair as Miss Smith was employed on the understanding that she was a Christian and on the assumption that she had attended the First Baptist Church as a child and was familiar with its beliefs.

However, Miss Smith took legal action claiming the church had failed to spell out what could jeopardise her employment.

The court heard how she did find another job soon after being sacked but has sought to claim the wages she lost when she was between jobs.

She has also claimed general damages to compensate for the injury to feelings and loss of congenial employment.

In response to the damages claim, Mr. Unwin said there had been a long period of discussion surrounding the issue, so Miss Smith's dismissal hardly came as a shock to her.

The Board of Inquiry, which was chaired by Elizabeth Christopher, assisted by tribunal members Marc Telemaque and Robin McPhee, is expected to return with a decision on the appeal in a few weeks.

Overseeing the proceedings was Director of Human Affairs Kenneth Dill.

After the church rejected the findings of the HRC, two options were available to the organisation under the Human Rights Act: to forward the complaint to the Director of Public Prosecutions, recommending he prosecute Wee Learn Nursery for offending the Human Rights Act: or forward the complaint to Terry Lister, the Minister responsible for the Human Rights Commission, recommending he appoint a Board of Inquiry to hear the complaint.

CHURCH CHU