The Labour Court overturned an earlier decision and awarded Martine O’ Sullivan €27,500 after finding Dr Enda Loftus discriminated against her by dismissing her when she tried to return from maternity leave. The determination was signed on 12 April 2018.
O’ Sullivan said she had worked at the rural GP practice since 2006 and arranged for Caroline Kearns to cover her leave. When O’ Sullivan returned on 1 June 2016, she was told there was no position available. Loftus said he later offered her another role.
The Court found Loftus knew O’ Sullivan was an employee, noting he had signed her contract and an HSE subsidy form relating to her post. It found that retaining Kearns and telling O’ Sullivan no position was available amounted to discriminatory dismissal. Loftus offered no defence for the dismissal and did not show that it was for exceptional reasons unrelated to her pregnancy.