The Labour Court rejected Fiona McBrierty’s gender and race discrimination and victimisation complaints against Nui Galway, upholding the Equality Officer’s decision. The determination was signed on 26 January 2009.
McBrierty said the university ended her temporary contract because she was pregnant, restricted her access to permanent posts because she was Welsh, and penalised her after she raised possible discrimination. Nui Galway said the contract ended because it needed a longer-term appointment to cover an employee’s extended sick leave, and that McBrierty could apply for permanent posts and demonstrate Irish proficiency through an examination.
The Court found no gender discrimination, noting that the university renewed her contract after learning of her pregnancy and kept her on its casual panel. It found the Irish proficiency requirement reasonable and accepted that she had not been prevented from applying for permanent posts. It also found no victimisation, accepting the university’s evidence that she could apply for the permanent panel and then sit the proficiency examination.