The Labour Court awarded Siobhan Finnerty €4,000 after finding that her dismissal during pregnancy amounted to gender discrimination. The determination was dated 28 January 2003.
Finnerty, a part-time childminder, said she had arranged maternity leave and intended to return to work in February 2001. Dollymount Creche & Montessori School maintained that she had resigned and did not intend to return. The Court found that Finnerty had not intended to resign and was dismissed when no job was available. It said the employer had a greater responsibility to clarify whether she intended to return, particularly while she was pregnant and on maternity leave. The school had not shown exceptional circumstances unrelated to pregnancy to justify the dismissal.