Courts / Donegal / Report

Council worker wins €45k for pregnancy-related dismissal

Date
2024-04-30

Stage
Hearing Or Decision

Primary locality
Donegal

County
Donegal

Summary

A Donegal County Council employee has been awarded €45,000 by the Workplace Relations Commission for discriminatory dismissal related to her pregnancy. The council had renewed the woman's fixed-term contracts annually from 2015 onwards in its environmental division. Following notification of her pregnancy in February 2019, the council's approach altered significantly, with work ceasing and her role concluding the following May. The council argued the position was contingent on temporary EU funding and that permanent posts required public competition. Adjudicator Brian Dalton concluded the employee had acquired a contract of indefinite duration after accumulating over four years' service and held permanent status when announcing her pregnancy. He found an inference of discrimination in the pattern of contract renewals ceasing only upon pregnancy notification. The tribunal determined a pregnancy-related dismissal had occurred and awarded compensation for gender discrimination under the Employment Equality Act. No additional award was made under the Protection of Employees (Fixed-Term Work) Act 2003, as this would constitute duplicate compensation.