The Labour Court upheld the discrimination finding against the Southern Health Board and varied the compensation recommended for Ms O'Sullivan to 50% of the gross pay she could have earned during the affected period. The determination was signed on 8 November 1989.
The case concerned the Board’s policy barring former employees who had received a marriage gratuity from temporary re-employment. The Court found that the rule excluded Ms O'Sullivan from consideration for temporary work because of her sex and marital status, and directed the Board to withdraw the clause. The original Equality Officer recommendation was for the full remuneration she could have earned from 16 January to 2 June 1989; the Court set compensation at half of that gross pay.
The Board argued that its selection policy was fair and challenged the full-pay recommendation, citing its financial constraints and service reductions. The Medical Laboratory Technologists Association represented Ms O'Sullivan. The Labour Court rejected the Board’s three appeal points, while varying the remedy on the compensation point.