The Labour Court set aside a €45,000 family-status discrimination award to Ms Ann Doherty, finding her complaint not well founded. In a determination dated 22 February 2023, it allowed Saint John Of God Community Services’ appeal and set aside the Adjudication Officer’s decision, which had found family-status discrimination and awarded €45,000.
Ms Doherty worked as an instructor supporting people with disabilities. She said the employer treated her less favourably because of her family responsibilities by refusing her request to work from home during the pandemic. The employer said it prioritised residential services and that Ms Doherty was on certified leave when remote working became available.
The Court accepted evidence that staff, including people with childcare responsibilities, were redeployed to residential services. It also found that the colleague Ms Doherty identified as a comparator had family responsibilities and was redeployed to residential work, doing some administrative tasks from home when not needed there. The Court concluded that Ms Doherty had not been treated less favourably because of her family status.