The Labour Court overturned a Rights Commissioner’s decision and awarded Lisa Lacey €1,000 after finding that LW Associates Limited penalised her for invoking health and safety protections during her pregnancy. The determination was dated 18 July 2008.
Lacey, an office manager, said the company placed her on Health and Safety Leave without properly considering the risk assessment, possible alternative work or her request for representation. The company denied penalisation and said it acted to protect her because of the physical demands of the job and the lack of suitable alternative work.
The assessment identified low to medium risks in some tasks and said she needed help lifting and moving weights. The Court found management had not sufficiently considered alternatives and acted precipitously in placing her on leave without affording her representation. It concluded that this amounted to penalisation under section 27 of the Safety, Health and Welfare at Work Act 2005. About €325 of the award accounted for lost earnings.