The Labour Court upheld Ms Maura Fitzgerald’s gender discrimination claim against the Mid-Western Health Board and dismissed the Board’s appeal, increasing compensation from £3,000 (€3,809.21) to €6,000. Its determination was signed on 2 April 2003.
Fitzgerald, then Deputy Matron at the Limerick Regional Hospital Complex, said she should have acted as Matron during the incumbent’s six-month absence. The Board said the acting post covered the wider hospital complex and that it held a fair competition, which was won by a man.
The Court found Fitzgerald’s deputy role covered the same functions as the Matron’s post, meaning the new role displaced work she already held and raised a presumption of discrimination. It found the Board had not rebutted that presumption, citing the Acting General Manager’s role in creating the competition and chairing the interview panel, subjective marking and a lack of interview records.
The Court left the separate lost-earnings recommendation in place but declined to require that Fitzgerald deputise in all future Matron absences. It also rejected the Board’s time-limit challenge, finding the claim was lodged within six months of the appointment taking effect on 14 September 1998.