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Ireland

Ireland: Primary School Teacher Told to Enjoy “every moment” at Home With Baby During Interview Awarded €85,000

The Irish Workplace Relations Commission (the “WRC”) recently found that a teacher who was on maternity leave was discriminated on the grounds of family status by the board of management of a primary school in Ireland.

The Complainant, who was employed on fixed-term contracts from September 2022 to August 2024, alleged discrimination related to the awarding of a Contract of Indefinite Duration (CID) and her unsuccessful application for a fixed-term position.

The WRC found that the Complainant had established a prima facie case of discrimination, which the Respondent failed to rebut. The WRC heard that the Complainant had not been notified or considered for a CID at the school while she was on maternity leave, despite being eligible for the role. The Adjudicator examined the Respondent’s decision-making process, noting the absence of a clear policy for CID awards and the Respondent’s failure to provide adequate evidence explaining why a candidate with less experience than the teacher had been awarded the contract.

Key issues examined by the WRC included the lack of transparency in awarding a CID to a colleague with less experience, and an inappropriate comment made by the principal of the school during the Complainant’s interview for a fixed-term position. The Complainant said she had been congratulated by the principal on the birth of her daughter at the conclusion of an interview, when the Principal remarked: “You really should enjoy every moment at home with the baby.”  The Adjudication Officer concluded that the principal had made “entirely inappropriate” remarks about the Complainant’s family status during an interview process, which may have had an adverse impact on the outcome for the Complainant.

In conclusion, the Adjudication Officer upheld the complaint, finding discrimination on the ground of family status and awarded the Complainant €85,000 in compensation, reflecting the seriousness of the discrimination and serving as a deterrent against future infractions.

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