The Labour Court overturned a €3,000 victimisation award to Mary Murray on an appeal by Boxmore Plastics Ltd. The determination, dated 17 September 2008, found that a disciplinary warning during the grievance process did not amount to victimisation in the circumstances.
Murray had applied unsuccessfully for an internally advertised Group Leader position and pursued an internal grievance. The Equality Officer found her gender discrimination claim was out of time and separately found victimisation over the disciplinary warning, awarding her €3,000.
The Labour Court accepted Boxmore’s evidence that Murray had made a comment casting doubt on her motivation and that the disciplinary comment came at the end of the investigation. It concluded that the comment did not constitute adverse treatment under the Employment Equality Act and allowed the appeal.