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Labour Court rejects Pauline Mulcahy’s pregnancy discrimination complaint

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found Pauline Mulcahy’s complaint of sex discrimination was not well founded, saying she had not shown that her dismissal was because of her pregnancy. The Court signed its order on 20 April 2000.

Mulcahy said she was dismissed while on maternity leave. Waterford Leader Partnership cited alleged irregularities involving a work mobile phone and an office diary. The Court noted she was not confronted with the allegations or given a chance to respond. Evidence indicated that she used the phone for personal purposes with her manager’s knowledge and consent, intending to repay the costs; her offer was refused.

The Court said there was a strong prima facie case that Mulcahy had been unfairly dismissed, but that issue was not before it under the Industrial Relations Acts. It did not find that pregnancy motivated the dismissal.

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