The Labour Court awarded Siobhan Nolan €20,000 compensation after finding Gino's Italian Ice Cream Limited directly discriminated against her on gender grounds. In a determination dated 27 October 2020, the Court overturned the Adjudication Officer’s decision after Nolan appealed. Her separate family-status complaint was withdrawn at the hearing.
Nolan told the company in August 2018 that she wanted to be considered for management when she returned from maternity leave. A shop-manager vacancy arose, but she was not considered; the role went to a colleague. The company said the successful candidate had managerial experience and had completed its training programme. It also cited a policy against promoting staff to management in the shop where they worked.
The Court found evidence that Nolan was discriminated against because she was on maternity leave when the vacancy arose. The company then had to show its decision was unrelated to her pregnancy or leave. It could not provide documentary proof that training or its same-shop promotion policy was a precondition for appointment. The Court also questioned why Nolan could not have been accommodated in training after her return. It found the company had not met its burden and awarded compensation as redress and deterrence. The award was compensation, not remuneration.