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Labour Court rejects Barbara Clinton’s discrimination appeal against Irish Medical Times publisher

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court rejected Barbara Clinton’s appeal against a finding that she had not established gender discrimination in her working conditions, access to promotion or dismissal. Its determination was signed on 31 December 2010.

Clinton said Medical Publications Ireland, trading as Irish Medical Times, denied her promotion while she was on a career break, treated her less favourably than male colleagues and constructively dismissed her after she raised grievances. The company said it made appointments to ensure business continuity, kept her terms unchanged when she returned and investigated her grievances.

The Court found that a change to salary review dates applied to all staff and that an error in describing Clinton as a reporter rather than a senior reporter was corrected promptly. It found insufficient evidence that male reporters received more favourable treatment in the handling of their work, or that a €250 payment to a male colleague for extra work showed discrimination.

The Court also found Clinton was not eligible for an acting promotion while on career break, that no other editorial role had been promised or created, and that the grievance investigation did not establish discriminatory dismissal. It affirmed the Equality Officer’s decision.

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