Brendan O'Brien defeats pregnancy discrimination complaint

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Workplace Relations Commission dismissed Megan Kenna's discrimination and harassment complaint against her landlord, Brendan O'Brien. The decision was reported on 21 December 2023.

Ms Kenna alleged that her family's tenancy at an apartment in Howth, Co Dublin, had been terminated because of her gender and family status. Mr O'Brien denied the complaint under the Equal Status Act 2000.

The tribunal heard that Mr O'Brien visited the couple on 9 April 2022 and told them he could not allow a child in the apartment, citing concerns about the spiral staircase. He said he had offered alternative accommodation and denied issuing an eviction notice.

Ms Kenna said the alternatives offered were unsuitable. She said she feared losing her pregnancy because of stress and presented medical evidence that her baby had to be delivered by caesarean section due to stress. Mr O'Brien's solicitor accepted the medical opinion but disputed that any action by the landlord caused it.

Adjudicator Andrew Heavey disregarded what was said during a covert recording of the meeting, citing the circumstances surrounding it. He noted that emails showed Mr O'Brien had offered alternative accommodation and repeatedly said he was not evicting the couple.

Mr Heavey found that Mr O'Brien had genuine health and safety concerns and that a suggestion of changing apartments did not amount to discrimination. He rejected Ms Kenna's statutory complaint.