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Labour Court upholds finding against worker in maternity discrimination appeal

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a finding that Nikki Spillane’s maternity discrimination complaint against Jazz Pharmaceuticals Ireland Limited was not well founded. In a determination dated 22 November 2022, the Court rejected her appeal, finding no case that she was treated less favourably because of pregnancy.

Spillane said she felt excluded and underused after returning from maternity leave in September 2020, and alleged that a contractor performed work she would otherwise have handled. The company said pandemic-related changes affected staff workloads and the contractor was retained for expertise and continuity.

The Court found no reduction in Spillane’s role or contractual terms and conditions, and noted she was in the process of receiving a promotion. It considered her claim that the contractor had taken over work she would have done to be speculation. The constructive discriminatory dismissal, family status discrimination and harassment complaints were withdrawn at the hearing.

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