Dublin: A significant precedent was set as Tina Marie Lucas, a nurse originally from Kerala (India) residing in Celbridge, received €56,160 in compensation following a landmark ruling by the Workplace Relations Commission. Lucas had filed a complaint against Riada Care Ltd., owners of Glenashling nursing home, for denying her permanent employment due to her pregnancy, in violation of the Employment Equality Act.
The commission imposed the maximum penalty of two years’ wages, amounting to 104 weeks’ salary, on Riada Care Ltd. for breaching the provisions of the Employment Equality Act 1998. The ruling underscored the severity of pregnancy-related discrimination, emphasising it as one of the most egregious violations of labour rights.
Lucas’s complaint centred on the refusal to grant her a permanent contract after the expiration of her fixed-term contract due to her pregnancy, constituting clear discriminatory action. She fell pregnant in January 2022, while her contract was set to end in August of the same year. Upon informing management of her pregnancy and requesting annual leave in September, she was informed that her contract would terminate on August 4, with no prospect of a permanent contract.
In response, Lucas accepted the company’s offer to extend her contract until the commencement of her maternity leave. She also signed a new employment contract with the company, effective from October 22. Bernadette Stenson, representing the Irish Nurses and Midwives Organisation (INMO), conveyed to the commission that Lucas accepted this offer as she deemed securing a new job during her pregnancy unfeasible.
The company’s legal representative argued that the complaint against Riada Care Ltd. was inapplicable, citing a technicality concerning the name of the nursing home. However, the commission dismissed these arguments, asserting its jurisdiction over the matter and upholding Lucas’s right to recourse against discriminatory practices.
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