The Labour Court overturned a €12,000 award to a worker after finding that her dismissal was due to redundancy, not pregnancy discrimination. The determination was signed on 2 December 2015.
The worker was dismissed after returning from about two weeks away from work following a miscarriage. She had been employed by a catering business, whose proprietors said they were struggling financially and could no longer afford her wages. A male employee was also dismissed at the same time, and neither worker was replaced.
The Equality Tribunal had upheld the worker’s complaint and awarded compensation. On appeal, the Labour Court found that the proprietors were motivated by reducing costs and that the dismissal resulted from redundancy. It held that the worker had not been discriminated against because of pregnancy, allowed the appeal and set aside the Tribunal’s decision and award.