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Labour Court upholds €40,000 pregnancy discrimination award to Deborah Healy

By Gráinne Nolan

Labour Court ·

The Labour Court upheld €40,000 compensation for pregnancy discrimination and discriminatory dismissal, and €10,000 for victimisation, in Deborah Healy’s case against Trailer Care Holdings Ltd. The Court disallowed the company’s appeal and affirmed the Equality Tribunal’s decision in a determination dated 16 March 2012.

Trailer Care Holdings Ltd argued that a genuine redundancy led to Healy’s dismissal. She said she was dismissed because of her pregnancy. The Court was not convinced a genuine redundancy existed and concluded the company was motivated by her pregnancy or matters related to it.

The Court also found discrimination in Healy’s conditions of employment, including the company’s treatment of her antenatal appointments, its failure to meaningfully assess workplace risks or discuss adjustments, and its delay completing her maternity benefit form. It found the managing director victimised her after she sought advice from the Equality Authority: he withdrew a bonus paid to other staff and identified her as responsible.

The Court affirmed interest at its rate on the €40,000 discrimination award from 24 January 2008 until payment, and an order requiring employment equality law training. Neither award was for remuneration.

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