The Labour Court upheld a €12,000 gender discrimination award to Mary Gilman Bennett after finding that Elaine Byrne’s Health & Beauty Clinic discriminated against her by placing her on compulsory health and safety leave during pregnancy. Its determination was dated 20 January 2016.
The clinic appealed the Equality Officer’s decision; Bennett did not appeal. She said she was fit to work and the identified risks could be managed with minor adjustments. The clinic argued the risk assessment found the spray-tanning chemicals posed a serious threat and that the risks could not be reasonably accommodated. The clinic accepted that the leave infringed Bennett’s maternity protection rights and amounted to discrimination. The Court found the complaint well founded and ordered payment of €12,000, finding the award proportionate after considering the discrimination, denial of rights and the restoration of her financial loss through separate proceedings. A separate Employment Appeals Tribunal award of €9,701.40 covered 20 weeks of lost remuneration.