A Limerick primary school teacher who was denied maternity leave because she had already applied for a career break has been awarded more than €10,000 by the Equality Tribunal.
Colleen Harrington, a teacher at Scoil Chríost Rí in Caherdavin, successfully applied for the career break in May 2002.
Two months later, however, she became aware that she was pregnant and notified the school that she wished to defer her application for a career break.
Ms Harrington told the tribunal she wrote to the school's board of management proposing to take unpaid leave from the beginning of the school year up to the commencement of maternity leave. She had done this to make it easier for the school to find a temporary replacement and to minimise disruption to her class.
The school responded that it could not accommodate her request as measures to replace her were at an advanced stage and her post had been advertised.
The tribunal found that the school's refusal to defer Ms Harrington's career break was directly connected to her pregnancy.
In a decision published yesterday, it held that the school discriminated against the teacher on the gender ground, contrary to the Employment Equality Act, 1998.
It ordered the school to pay Ms Harrington the amount of remuneration she would have received in respect of paid maternity leave had her career break application been deferred as requested.
The school was also told to pay Ms Harrington compensation of €10,000 for the distress suffered as a result of the discriminatory treatment and to restore to her one year's career break entitlement.
In a separate decision published yesterday, the tribunal told Waterford-based multinational Bausch & Lomb to pay €5,000 to an employee who was denied promotion without an interview.
The tribunal found that the complainant, Rosaleen Devereux has established a prima facie case of gender-based discrimination.
The tribunal ordered the company to adhere to good practice selection procedures in all future promotions.