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'You stupid f***ing b**ch, I told you I don't have the hours': worker returning from maternity leave wins discrimination case

Summary

Niamh Moloney, a creche worker, claimed she was told "You stupid f***ing b**ch, I told you I don't have the hours" when she asked to return from maternity leave. She had worked 38‑40 hours weekly before her leave began on 9 January 2020 and had a written assurance that she could return to her toddler‑room role. After the pandemic, the company offered her a discretionary relief position and cleaning duties, which differed from her pre‑leave role. She reported that the director, Anita O'Dwyer, made the offensive remark during a phone call in August 2020. Moloney filed a complaint with the Workplace Relations Commission in October 2020. The WRC found the company had discriminated against her on gender and family‑status grounds and awarded her €15,000 in compensation. The parallel complaints under the Parental Leave Act and Maternity Protection Act were withdrawn as duplicates.

Who, what, where, when and why

What: Report matter: 'You stupid f***ing b**ch, I told you I don't have the hours': worker returning from maternity leave wins discrimination case. Charges or matters: discrimination complaint under the Employment Equality Act. Procedural stage: hearing_or_decision

When:

• 9 January 2020 Hearing Or Sentence
• 22 July 2020 Other
• September 2020 Other
• August 2020 Other
• October 2020 Other
• January 2021 Other
• Monday 1 February Other
• March 2021 Other
• 20 July 2020 Other
• 15 July Other
• 30 October Other
• 20 November 2020 Other
• 10 September Other
• 2022-07-05 Publication

Why: Mr O'Neill did not accept the suggestion that other staff had to be kept on full-time because the children were "used to them". CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report