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Labour Court upholds pregnancy discrimination finding but cuts award to €20,000

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a finding that Intrium Justitia discriminated against Kerrie McGarvey on gender and family status grounds when it selected her for redundancy while she was pregnant, but reduced her compensation from €30,000 to €20,000.

In its determination dated 27 March 2009, the Court said the redundancy matrix was complex, opaque, subjective and open to manipulation. The Finance Manager completed it instead of the specified line manager, and the employer failed to show that the selection was not discriminatory.

Intrium Justitia said the matrix used objective criteria and McGarvey had not appealed her selection. McGarvey argued that the matrix was a sham and that the Finance Manager was biased against her.

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